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Petitioner: PAKISTAN STEEL MILLS LTD., KARACHI VS Respondent: MUHAMMAD A ZHAR
Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title: PAKISTAN STEEL MILLS LTD., KARACHI vs MUHAMMAD A ZHAR Case No.: Appeal No, KAR-178 of 1995 Date of Judgment:1995-04-23 Reported As: 1995 PLC 608 Result: Appeal dismissed
Judgment DECISION ' Heard Mr. Zahid Hamid, Advocate for the Pakistan Steel. Giving the history of the case he has stated that the respondent was dismissed from service for misconduct, that he had got certain non-genuine bills passed for payment by the doctor of the Steel Mills. This order of dismissal was set aside by the Labour Court and he was directed to be reinstated in service with full back benefits. He was then reinstated on 14-9-1992 without payment of back benefits. But within six months on 30-3-1993 he was again dismissed after a short enquiry on the charge that he had committed theft of his Personal File from the Steel Mill Office. There is no ocular evidence against him and the only circumstantial evidence relied upon by the Enquiry Officer was that be was the only person interested in stealing that file, therefore, he must have stolen the file from the custody of the Record-Keeper. This is neither a presumption of law nor of fact, it is merely a conjecture. I therefore find no substance in this appeal, to interfere with the well-discussed order of the Fourth Sindh Labour Court, Karachi, directing reinstatement of the present respondent in service with full back benefits within 30 days. Appeal is accordingly dismissed in limine.