Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (3) (a)-Wilful disobedience-Workers directed by standing directions not to use any gate except one allowed for entry and exit-Directions placed on Notice Board of establishment­ Evidence indicating that workers were aware of such directions and complied with same-Contention before Labour Court that such circular directive had not been specifically brought to notice of accused, in circumstances, held, not sustainable-Non-compliance held, amounted to wilful disobedience. Shamsuz Zaman for Appellant. S. P. Lodhi for Respondent. Date of hearing : 10th March, 1980. DECISION The appellant, who was employed as an Assistant Storekeeper in the appellant establishment, was dismissed from service with effect from 14th April 1977 on the charge of wilful disobedience of orders in that he tried to pass through K. P. T. gate at West Wharf in contravention of the respondents 'establishments circular, dated 1st January, 1977, prohibit­ing use by the employees of the appellant-establishment of any other K. P. T. gate except Gate No. 37. It was specifically stated in the said circular that the management would take severe action against persons found in breach of this circular. The respondent challenged his 'dismis­sal order before the learned labour Court which has taken the view that as the circular in question was not specifically brought to the notice of the respondent he cannot be said to have committed an act of wilful insubordination. It according; held the orders of dismissal of the respon­dent as unlawful and directed the appellant to reinstate him in service. The Labour Court, however, did not allow back benefits to the respondent and only allowed him back wages for the period of six months as it had held that the respondent had not come to the Court with clean hands and was guilty of making false statements. 2. I have hard Mr. Shamsuz Zaman, the learned counsel for the appellant, and Mr. S. P. Lodhi, who appeared for the respondent. The learned Labour Court has exhaustively dealt with the issue whether a domestic enquiry was held against the respondent and has come…

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