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

Section: 15(3)

(a) Industrial dispute-Domestic enquiry - Worker charged of misconduct for giving false information regarding his age-Enquiry Officer relying on date of birth in Matriculation Certi ficate only and ignoring consideration of medical certificate produced by worker in support of age-Enquiry, in circumstances, held, not fair. Karachi Steam Roller Flour Mills Limited v. Karachi Steam Roller Flour Mills Employees' Union Civil Appeal No. K-52 of 1964 rel. (b) Industrial dispute-Misconduct-Meaning-Improper conduct-Act of employee entailing criminal prosecution of employer-- Amounts to misconduct-Employee, though below age of 18 years representing to be over 18 years at time of entering service-Employ ment of persons below 18 years without certificate of doctor punish able under Factories Act. 1934-Furnishing of wrong age, in circumstances, held, misconduct-Definition of misconduct in S. O. 15, West Pakistan Industrial and Commercial           employment (Standing Orders) Ordinance (VI of 1968)---Not Exhaustive West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15(3). Province of East Pakistan v. Muhammad Sajjad Ali Mazumdar 1962 P L C 528; Karachi Steam Roller Flour dills Limited v. Karachi Steam Roller Flour Mills Employees' Union Civil Appeal No. K-52 of 1964 and Pearce v. Foster (1886) 17 Q B D 536 rel. (c) Industrial dispute-Re-instatement-Benefit of back wages-- Back wages due only if accused worker found not guilty by Enquiry officer. Date of hearing: 18th March 1971.  …