Law:

Section:

West Pakistan Industrial Disputes Ordinance (IV of 1968)------ ----S. 38-Industrial dispute-Dismissal on account of misconduct -Worker charge-sheeted for "neglect of work" and not for habitual neglect of work-Enquiry Officer holding worker guilty of neglect-Punishing authority subsequently passing dismissal order on ground of, habitual neglect without affording opportunity to show cause on charge of habitual neglect-Dismissal of worker, in circumstances, held, illegal. Date of hearing: 14th September 1970.     DECISION This is an appeal against an award dated 14th May 1970, whereby the learned Court allowed the application of the respondent under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968 (hereinafter called the repealed Ordinance). The learned Court came to the conclusion that the respondent could not have been dismissed for the offence for which he was not charge-sheeted, The facts giving rise to the appeal briefly put are these: 2. The respondent was a Conductor in the Government Transport Service, Hyderabad. His bus was checked and it was found that 17 passengers were without tickets and that the respondent had not realised fare front any one of them. He was charge-sheeted for neglect of work. The Enquiry Officer found him guilty of neglect of work. The District Manager on perusing the report did not agree with him. 'The District Manager himself examined the respondent and came to the conclusion, after…