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

Section: 15(3)(b)

(a) Industrial dispute Domestic enquiry-Evidence of co-accused---Cannot be totally ignored particularly in absence of any other evidence to prove prosecution case - Finding based upon no evidence but sheer assumptions-Perverse-Consequential penalty order-Not sustainable. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi nance (VI of 1968) S. O. 15(3)(b)--Dismissal for misconduct of theft and dishonesty in connection with property of employer-Charged only for not exercising due care which allowing a truck to pass from main gate of the Mills allegedly carrying stolen property-Not to exercise due care, held, quite different from theft, fraud or dishonesty - Dismissal for misconduct of theft etc. in circumstances, held, bad in law.                                                                                                              DECISION The facts leading to this application under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952, by Muhammad Haider, against Pakistan Steel Mills Corporation are that on 23rd October, 1979, a show cause memo. was served on the applicant wherein it was alleged that a good quantity of serviceable A. A. C. sheets have been passed out as salvage material as recorded on two gate passes Nos. AS-261/79 and AS-368/79 on 13th' September, 1979, and 24th September, 1979. It was alleged that these gate passes were signed by the applicant Muhammad Haider as Incharge of Issues alongwith two Junior Officers (Stores) namely Muhammad Ali and Mukeem Shah. These Stores were taken away by the salvage contractors Messrs A. Razzak & Sons. Applicant Muhammad Haider, Assistant Store Keeper submitted his reply to the show cause memo on 27th October, 1979, denying the allegations. He submitted that he had prepared two gate passes in respect of salvage A. C. C. sheets and the material was loaded by the labourers of the…