1. ' This is an appeal preferred against an order dated 23rd December 1975. Passed by the learned Presiding Officer Junior Labour Court. Rawalpindi, on a petition made to that Court under section 25-A of the Industrial Relations Ordinance, 1969. Petition was accepted. Hence Management has come in appeal.
2. ' I have beard the learned counsel for the parties and have gone through the record of the Junior Labour Court, as well as the impugned order.
3. ' Brief facts necessary for the disposal of this appeal are that respondent was an old employee of the appellant. Once he demanded payment for off day as he bad worked on a Sunday. He had talked tempramental when the manager refused him. He was charge-sheeted for riotious and disorderly behaviour. Enquiry was held against these two charges, but he was exonesated from charge of riotious behaviour but was found guilty for disorderly behaviour. Enquiry proceedings were not given to him alongwith a second show-cause notice.
4. ' Learned counsel for the appellant has stressed vehemently that the Court below should not have sat in appeal against the findings of the Enquiry Officer. In the second place he has contended that Enquiry proceedings were not necessary to be provided to the respondent.
5. ' I have gone through the enquiry proceedings. Finding given by the Enquiry Officer is not proved by the evidence. Temperamental talk cannot be A held to be a misconduct, so I find that finding of the Enquiry Officer is not based on the facts proved and so it is perverse. Labour Courts have every right to set aside a perverse finding. Respondent was first dismissed on 2nd August 1975, when through the pressure of the Union appellant concern withdrew the dismissal order and respondent remained working till 27th September 1975, when again he was dismissed after a show-cause notice on the previous enquiry, on the previous misconduct. This was unwarranted.
6. ' In that view of the matter I do not see any ground to interfere into the order of the Junior Labour Court. It is hereby upheld and appeal is dismissed.