DECISION ' These appeals arise from the judgment of the Fourth Sindh Labour Court, Karachi in the case of grievance petition filed under section 25-A of the I.R.O., 1969 for reinstatement.
2. Nisar Ahmed was appointed as Junior' Clerk in Pakistan Steel. On 13-1-1991 he was promoted as Assistant Manager or HSW-II. On 14-4-1992 he was charge-sheeted for misconduct under section 15(3)(h) of the Standing Orders Ordinance. The allegation was that he had barged inside the Head Office and forcibly taken away about 50 copies of termination orders against the employees. A report was lodged with the Police and a domestic enquiry was held. The learned Labour Court found the domestic enquiry to be defective and, therefore, set aside the dismissal order of Sheikh Nisar Ahmed Rahi passed on 29-6-1992. The learned Labour Court ordered fresh enquiry regarding the same charge-sheet and meanwhile reinstated the workman until the result of the fresh enquiry. The fresh enquiry was held and the workman was found guilty of misconduct over again.
The back benefits had been ordered to be dependent on the result of the fresh enquiry.
3. Since the main appeal of Pakistan Steel is against the conditional reinstatement depending on fresh enquiry result and under the fresh enquiry the workman Sheikh Nisar Ahmed Rahi stands dismissed by an order, dated 6th March, 1996 the appeal has become infructuous. The order of reinstatement having lapsed regarding the connected cross-appeal against non-granting of back benefits, that appeal too has become infructuous because the very order of reinstatement has lapsed.
4. Both the appeals are accordingly dismissed as being infructuous due to the order on fresh enquiry.