Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ----S. O. 15(3)-Misconduct-Refusal to stop overtime work---­Not a neglect of work amounting to misconduct-Charges of mis­behaviour and indulgence into arguments vaguely described in charge-sheet-Do not constitute offence of misconduct --Such vague charges in charge-sheet, held, lack sufficient notice for adequate defence and dismissal based upon enquiry ensuing thereon, held, unreason­able-Workman, in circumstances, re-instated with full back benefits. ORDER This order will also dispose of petition No. 18(236)/74, as it also arises out of the same incident. 2. Petitioners' case.-Petitioners Moharram Khan and Muhammad 3aleemwere employed as Carpenters with MacDonald Layton Costain Limited, Heavy Foundry and Forged Project, Taxila (the respondent), which has been declared under section 3 of the Pakistan Essential Services (Maintenance) Act, 1952, (hereinafter referred to as "the Act") as an employment to which the Act applies. 3. The admitted facts are that on 15-11-1974, the petitioners were served with a show-cause notice as it had been reported against them by their Sub-Overseer that they were neglectful in their work and when advised to be careful, they did not only misbehave but also indulged in arguments. An enquiry was conducted against the petitioners on 27th November 1974, wherein it was alleged against them that the two petitioners on 5411-1974, had refused to stop overtime work in spite of instructions given to them by Sub-Overseer. Although the other labourers left the site, the petitioners refused to do so and instead indulged in arguments. Again the next day, the petitioners started a dispute by refusing a helper nominated by the Sub-Overseer. The Enquiry Officer appointed by the respondent held both the petitioners guilty of the charges levelled against them, on the basis of which the services of the petitioners were terminated on 29-11-1974. The petitioners have con tended that the charges mentioned in the charge-sheet did not constitute misconduct as defined by the Standing Order 15 of the West Pakistan Industrial and Commercial Employment (Standing…

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