Law:

Section:

Industrial dispute Misconduct-Disobedience of lawful orders-Plea that action taken under directions of a superior officer who was neither concerned with nor authorised to issue instructions in matter involved-Plea not accepted. Date of hearing : 28th April, 1980.                                                                                                                              DECISION This appeal is directed against a decision of the learned Second Labour Court, given on 11-3-1980, dismissing the grievance petition of the appellant challenging his dismissal from service. 2. The appellant, who was employed as motor vehicle Driver by the respondent establishment, was dismissed from service with effect from 14-4-1977 on the twin charges of unauthorisedly driving a vehicle not allotted to him and attempting to pass through the K. P. T. gate in contravention of specific orders from the Manager, Administration, prohibiting the use of the said gate. In the domestic enquiry, upon which the dismissal orders were based, the plea of the appellant was that he had used another vehicle and also attempted to pass through the K. P. T. gate under the directions of Muhammad Yasin, Store Keeper, who was then the most senior officer available on the spot and he genuinely believed that Muhammad Yaseen was competent to issue such instructions. This plea of the appellant cannot be accepted in view of the fact that all the Drivers, including the appellant were under the charge of the Transport Department and the Store Keeper had no control over or concern with them and that in any case Muhammad Yaseen was not competent to permit a vehicle to pass through a prohibited gate in contravention of the orders of the Manager Administration. 3. The appellant challenged his dismissal from service by way of a grievance petition before the learned Labour Court, which, however,…