Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance VI of 1968) ----S O. 15 -Misconduct Omissions and acts enumerated in S. O. 15 not exhaustive and illustrative only--Improper conduct, held, also constitutes misconduct-Air-Hostess leaving place of duty without permission thereby upsetting operation of Scheduled flights and remaining absent on false pretext for five days by violating P. I. A, rules and regulations-Contention that absence being less than 10 days did not constitute misconduct as defined in S. O. 15, in. circumstances, rejected-Act of misconduct, held, has to be viewed in relation to duties required to be performed-Action of Air-Hostess otherwise also, held, amounted to misconduct as being wilful insubordination/disobedience of lawful and reasonable order of superior. (b) Industrial Relations Ordinance (XXIII of 1969)- --- Scope-Labour Court not to sit in appeal on conclusions of domestic enquiry when no suggestion of any mala fide and enquiry was fair and legal. 1970 P L C 84 rel. A. A. Shareef for the Management. M. L. Shahani for Respondent. DECISION These are two cross appeals against the Order dated 14th November 1975, passed by Junior Labour Court No. 4, by which that Court had re-instated the respondent in service but minor punishment for misconduct by withholding one increment was awarded to her. The brief facts of the case are that the respondent who was employed as an Air-Hostess in Pakistan International Airlines Corporation, had left Karachi base for Rawalpindi without any intimation or any prior permission from the appellant Management, and stayed away from work for about five days. While she was still away in Rawalpindi, a message was passed on, through her sister that the respondent was busy with her family affairs and also that she had met with an accident needing care and attendance at home and accordingly an alternative arrangement was made; her sister having volunteered to operate the flights to New York in place of the respondent. She also did not intimate the appellant-Corporation of her where abouts at Rawalpindi. It however, turned out later that the respondent remained all the while away from…

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