Law:

Section:

Keywords: Terms And Conditions, Chairman, Register, Natural Justice, Jurisdiction, Merits Of The Case, Grievance, Dismissal From Service, Establishment, Fine, Show-Cause Notice, Restrictions, Charge-Sheet, Government, Refusal, Labour Court, Office, Copy, Director, Notice, Winding Up, Management, Petition, Discharge, Directors, Appellate Tribunal, Punishment, Orders, Scheduled Bank, Removal, Procedure, Modification, Provisions, Commercial Employment, Contract, Maintain, Petitioner, Functions, Order, Subscription, Conditions, Violation, Removal, Registered, Province, Share Capital, Holders, Contravention, Finance JUDGMENT Fakhruddin G. Ebrahim, J.-On 7-9-1972, the contesting respondent No. 3, who is a Seaman within the meaning of the expression defined in Merchant's Shipping Act, 1923, filed an application before the Sind Labour Court, Karachi under section 25-A of the Industrial Relations Ordinance, 1969, in which the grievance was that on 12-6-1973, the respondent received memorandum from his employer, the National Shipping Corporation, the petitioner herein, stating that "consequent upon your repeated late attendance on duty, misbehaviour and refusal to obey order, compelling us to sign you off at Darussalam and repatriate to Karachi, we are constrained to remove you from our Roster", which amounted to his dismissal from service without a charge-sheet or an enquiry and prayed for an order of re-instatement. The petitioner Corporation in their reply admitted that the respondent was in their employment since 22-12-1970 and was posted to work temporarily as Assistant Diesel Mechanic on various ships from 22-12-1970 to 12-3-1971. His last assignment was on M. V. Padma with effect from 13-3-1971 and while on board this vessel he refused to perform his assigned duties which allegation was enquired into by the Master of the vessel, found to be correct and the respondent repatriated to Karachi as he could not be allowed to continue to remain on board. The action taken was sought to be justified as being strictly in accordance with the Articles of agreement signed by the respondent while on board M. V. Padma under section 27 of the Merchant's Shipping Act, 1923. ln…

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