Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 8, 15

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) ------S. Os. 8(3), 15(3)(e) & 15(4) Absence from duty-No leave granted but workman remaining absent for wore than 10 days despite repeated directions to join duty-Case, in circumstances, held, covered by S. O. 15(3)(b) and no by S. O. 8(3) - Procedure laid down by S. O. 15(4) for dismissal on account of misconduct must have been followed an circumstances - Dismissal without show-cause notice, in circumstances, held, Illegal. (b) Industrial Disputes Ordinance (LVI of 1939)----- ------S. 30-Dismissal during pendency of industrial dispute before Labour Court-Permission of Court not obtained Dismissal of workman concerned in pending dispute, held, illegal. Date of hearing: 6th April 1971.   ORDER This is an appeal against the order of the learned Chairman, Industrial Court, Central Zone, Lahore passed under section 31 of the Industrial Disputes Ordinance, 1959 whereby the order of dismissal of Talib Hussain, respondent dated 19-7-1967 passed by the District Manager, Government Transport Service, Lyallpur was set aside and he was ordered to be re-instated in service with full benefits. It was observed that the order of dismissal dated 19-7-1967 was illegal for the following reasons:- (a) That the order of dismissal could not have been passed without the permission of the Industrial Court because Indus trial Disputes Nos. 9/67 and 14/67-concerning the employees of the Government Transport Service, Lyallpur were pending in that Court. (b) Neither any charge-sheet was communicated to Talib Hussain nor any inquiry was held against him and the show- cause, notice prior to the order of dismissal was also not given. The facts of the case briefly stated are that Talib Hussain respondent was a junior clerk in Government Transport Service stationed at Lyallpur. On 10-2-1967, he was transferred to the sub-office, Jhang. The respondent on 23-2-67 submitted an application Exh. R-2 to the District Manager, Lyallpur, request ing him to transfer him somewhere else as a junior clerk, and' not as a store-keeper and in the meanwhile consider his absence from Jhang as leave…