Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)------- ---S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968). S. 2(d) and Constitution of Pakistan (1973), Art. 199-"Go-slow"- Definition of-Application of definition dependent upon facts of each case--­Evidence on record showing that "go-slow" was resorted to in a connected manner collectively by several workers having joined hands in carrying out purposeful go-slow--- Order of Labour Court directing re-instatement of workman concerned found to have been passed as a result of misreading of evidence on record-Held, cannot be sustained and declared to be without lawful authority. Dunlop Rubber Co. (Ind) Ltd. v. Workmen 1966 P L C 57 United Distributors Ltd. v. Zahid Hussars Khan P L D 1976 Kar 376 and Muhur-mad Shamim v. Pakistan Tobacco Co. Ltd., Karat-hi 1975 S C N1 R 46 ref Sayed A. Shaikh with Haider All Pirzada for Appellant. Shahenshah Hussain for Respondent No. 2. Nemo for Respondents Not. l and 3. Date of hearing : I 8th April 1977. JUDGMENT The brief facts are that on 11-3-1972 the petitioner appointed respondent No. 2 (hereinafter referred to as the respondent) "Weaver" in their Mills on piece-rated basis. In April 1973 the workers in the Weaving Section o the Mills, including the respondent, resorted to Go-Slow whereupon they were charge-sheeted on 2-5-1973. The charge-sheet was served together with a comparative statement of production in terms of number of Towels turned out by the respondent and he was informed that he was giving less production and had resorted to Go-Slow. He was called upon to furnish written explanation, which he did on 15-5-1973 on receipt of the show-cause notice. Thereupon an Enquiry Officer was appointed to enquire into the charges. The petitioner produced two witnesses before the Enquiry Officer. One of them furnished details of production of the respondent for 6 dates during April 1973 which was shown as considerably low as compared to the earlier production on the same looms with same quality of yarn. Another witness stated that workers had resorted to Slow-Dawn production deliberately since 14thApril 1973. Hs further…

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