Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders; Ordinance (VI of 1968)- ----S. O. 15(3)(e) & (f)-Accused workman charged of wilful negligence in performance of his job resulting in damage of property of employer-Damage to property in order to constitute misconduct involves intention to harm property-Negligence unless habitual does not constitute misconduct-Charge-sheet being devoid' of substantial allegations, held, caused prejudice to accused because there was neither allegation of habitual negligence nor of intention to harm property-Dismissal, in circumstances, set aside without benefit of back wages. Muhammad Bashir for Appellant. Agha Asif Jaffery for Respondent. DECISION This is an appeal against the order dated, 30th October 1973, of the Learned Junior Labour Court, Multan, dismissing the petition of Manzoor Hussain, workman brought under section 25-A of the Industrial Relations Ordinance, 1969, hereinafter mentioned the Ordinance, for the redress of the grievance of his dismissal from service on account of wilful negligence in the performance of his job resulting in the damage of the property of the respon­dent Management. The original petition was first decided by the learned Lower Court on 17th May 1973 and the order dismissing the petition was set aside and case remanded for fresh decision in the light of the enquiry proceedings of the Management to be brought on record vide appellate orders, dated 1st Septem­ber 1973. The order was impugned in this appeal to hold the enquiry made by the Management as valid and unexceptionable and as such not to be inter­fered with. I have heard the learned counsel for the parties and perused the relevant record. It is worthy of note that the appellant was charged under S. O. 15(3)(f ) of the W. P. Industrial and Commercial Employment (Standing Orders) Ordinance, 1958, hereinafter mentioned the Standing Orders Ordin­ance, which, in fact, pertains to habitual late attendance and not neglect of work or any wilful damage caused to the property of the employer. It is urged on behalf of the respondent that the mistake in the charge was a clerical mistake and otherwise the charge according to the…

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