DECISION ' Respondent Muhammad Yousuf Patel was a Cashier in the Pakistan Steel Mills Corporation. It was alleged that the respondent had drawn Rs,3,000 for payment to one Meerani a trainee in the Steel Mills but the amount was not paid to Meerani in time. Muhammad Yousuf Patel was, therefore, charge-sheeted and after domestic enquiry he was dismissed from service. He filed petition under section 25-A of the I.R.O. For reinstatement before the 4th Sindh Labour Court, Karachi.
2. The contention of the appellant Steel Mills was that respondent Muhammad Yousuf Patel as a Cashier was an officer and he was not a worker. The Labour Court had, therefore, no jurisdiction.
The Labour Court, however, found that the respondent was a worker. Finally he was designated as an officer. The Labour Court also found that the embezzlement of Rs,3,000 had not been proved and the enquiry proceedings were irregular. The Labour Court, therefore, remanded the case for a fresh enquiry by the Steel Mills on the point of embezzlement. Meanwhile the respondent was ordered to be reinstated in service but without back benefits which would depend on the result of fresh enquiry.
3. The Steel Mills accordingly held a fresh enquiry and the respondent was again found guilty of embezzlement. Instead of reporting the finding before the Labour Court an appeal has been filed by the Steel Mills Corporation in the Tribunal. The appeal lies only against a final order. This order against which the appeal has been filed is not a final order but an interim order pending fresh enquiry.
4. The appeal is accordingly dismissed and the Steel Mills are directed to present their enquiry report before the lower Court for final orders in the matter.