DECISION These three connected appeals are directed against the order of the. Fourth Sind Labour Court, Karachi, accepting the grievance petitions of the respondent workers for reinstatement and back benefits.
2. The facts in brief are that the respondents were designated as HSW-II Junior Managers but actually they were doing clerical work. They were members of C.B.A. Union. On or about 8-9-1992 the respondents were served with charge-sheets regarding incident which took place about one year prior to the date of charge-sheet. Without holding a proper enquiry the respondents were dismissed by letter dated 28th December, 1993. The management took the plea that the respondents were not workmen and the Standing Orders Ordinance was not applicable to their case. That they were dismissed keeping in view the principle of natural justice.
3. The workers on the other hand maintained that they were actually workmen doing the work of clerks and their designation was immaterial. That the charge-sheet issued to them after one year of the alleged incident was clearly the-barred. That the enquiry proceedings against them were not in accordance with the Standing Orders. That they were therefore entitled to reinstatement with back benefits.
4. The Steel Mills' witness Noorun Nabi had admitted in his cross---examination that the respondents were working substantially as clerks doing clerical work in the office. That it was correct that they were office-bearers of the C.B.A. Union. The Steel Mills had not rebutted this evidence by producing on record the chart of their duties to show that they were doing purely managerial work.
5. It has also been admitted that the alleged incident took place on 6-3-1991 and the charge-sheet was drawn up and served on 8-9-1992 after one year and five months. Under the Standing Order 15(4) the charge-sheet should be served within 30 days from the date of the incident.
6. The grievance petitions were therefore maintainable and the order of dismissal was not valid.
7. I can therefore see no reason to interfere with the decision of the Labour Court. These appeals are accordingly dismissed.