| Citation(s) |
|---|
| 1976 SLG 957 1976 SLD 957 1976 PLC 852 |
IInd Labour Appellate Tribunal, Punjab
RAI ABDUR RAZZAQUE KHAN, PRESIDING OFFICER
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RAI ABDUR RAZZAQUE KHAN, PRESIDING OFFICER
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SAIFUDDIN
VS
GOVERNMENT TRANSPORT SERVICE, RAWALPINDI
Law:
Section:
1976 P L C 852 [IInd Labour Court Punjab] Present: Rai Abdur Razzaque Khan, Presiding Officer SAIFUDDIN versus GOVERNMENT TRANSPORT SERVICE, RAWALPINDI Petition No. 907 of 1976, decided on 2'st August 1976. (a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- -----S. O. 15-Misconduct-Disobedience-Order, in order to be obeyed, must be reasonable-Conductor directed to do work of Chaprasi Not a reasonable order-Disobedience of such order-Not a misconduct. (b) Industrial dispute---- ---Dismissal for misconduct-Domestic enquiry-Charge framed not based upon initial report-Enquiry officer finding workman guilty of charges not mentioned in charge-sheet-Dismissing authority while passing order considering other misconducts also not mentioned in charge-sheet-Enquiry in circumstances held, fake and perverse and dismissal order not sustainable. Saad Ullah Mumtaz for Petitioner. Mehboob Perwaiz and 1drees Siddique for Respondents. ORDER Brief facts necessary for the disposal of this petition are that petitioner was a Conductor. It is alleged by the petitioner that on 11-6-75 .at about 4-30 p. m. when he was not on his duty he was asked to call for D. S. by Mirza Muhammad Hussain and he refused to do so, This is exactly the charge-sheet issued to the petitioner. Report on which this charge-sheet is based is Exh. P-2 on the file, and it has stated by Mirza Muhammad Hussain that he directed the Conductor to go to D. S. Cantt. to appear Wore the undersigned, but he refused flatly in the presence of the Traffic Manager. He was charge-sheeted and an inquiry was held against him. In the inquiry report be was held guilty on other charges also for which he was neither charge-sheeted.…
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