| Citation(s) |
|---|
| 1971 SLG 3051 1971 SLD 3051 = 1971 PLC 210 |
Labour Appellate Tribunal
Appeal No. LHR-80 of -1970, heard on 9th June 1970.
Presented By: Inamullah Khan, Appellate Tribunal
Naseerul Hassan for Appellant. Nazir Ahmad Naz for
Respondent.
Appeal No. LHR-80 of -1970, heard on 9th June 1970.
Presented By: Inamullah Khan, Appellate Tribunal
Naseerul Hassan for Appellant. Nazir Ahmad Naz for
Respondent.
THE ROAD TRANSPORT CORPORATION, LAHORE
VERSUS
LAL KHAN
Law:
Section:
West Pakistan Industrial and Commercial Employment (Stand ing Orders) Ordinance (VI of 1968), S. O. 15(3)(a)-Miscon duct-Disobedience-Mere disobedience of an order-Cannot be said to be wilful disobedience amounting to misconduct-Drivers required to issue tickets according to departmental instructions but in practice tickets always issued by cleaners/conductors - Non-compliance of instructions to issue tickets, in circumstances, held, not wilful disobedience on part of driver. Date of hearing: 9th June 1970. ORDER This is an appeal against an Order dated the 3rd of February 1970 of the learned Labour Court (Central Zone), Lahore, whereby the Court ordered the re-instatement of Lall Khan on the ground that he was given only a routine show cause notice without the Enquiry Officer's report and ordered the re-instatement of Lal Khan with full back benefits. Mr. Naz, the learned representative for the respondent contends that the order of dismissal of Lal Khan was bad not only on the ground that the show-cause notice was not accompanied by the Enquiry Officer's adverse report but also on the ground that no case was made out within the meaning of Standing Order 15 (3) (a) of 1968. It reads as under: "The following acts and omissions shall be treated as misconduct- (a) Wilful insubordination or disobedience, alone or in com bination with others, to any lawful and reasonable order of a superior." Relying on the above provision of law, Mr. Naz has raised two contentions namely that on the evidence on record it cannot be said (1) that the disobedience was wilful and (2) that the order to the Driver to issue tickets was not reasonable. 1 propose to dispose of these points separately. Whether the disobedience of the order was wilful or not is question of fact. Me disobedience of an order cannot 'b said to be wilful. In the present case it appears from the two charge-sheets, which have been produced by the respondent before the learned Court issued against the cleaners the charge -sheets which are at pages 25 and 27 of the record of the Labour Court) that they were charged for refusing to issue tickets. In this connection a reference may also be…