Law:

Section:

(a) West Pakistan Industrial and Commercial, Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (4) - Charge-sheet-Not essential - Misconduct to be brought to notice of accused-Charge-sheet issued about 16 months after misconduct came to notice of management-Accused however informed of alleged misconduct by Chief Executive within one month of misconduct coming to notice of management - Delayed service of charge-sheet subsequently, in circumstances, held, not exceptionable. (b) Industrial dispute- -- Misconduct-Punishment - Accused found guilty of dishonestly getting allotment of plot of land in his own name by getting signatures of Chief Executive directly contrary to rules requiring routing such papers in prescribed channel-Chief Executive punishing accused by cancelling allotment and administering warning­ Dismissal for same misconduct subsequently by Management, in circumstance, held, amounted to double punishment hence invalid ­Plea that punishment awarded by Chief Executive was not a penalty provided in S. O. 15, in circumstances, held, not material-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15. S. M. Kohistani for Appellant. Syed Hamid Ali Rizvi for Respondent. Date of hearing : 28th April, 1980. DECISION This appeal is directed against a decision of the learned Second Labour Court, given on 11th November, 1979, dismissing the appellant's grievance petition challenging his dismissal from service. 2. The appellant, who was working as Office Superintendent in the Stationery Branch of the respondent Society, was dismissed from service with effect from 21st October, 1978 on the charge of dishonestly and fraudulently obtaining an allotment order in respect of Plot No. S-21 instead of S-23, Mehmoodabad Road. The appellant challenged his dismissal order by way of a grievance petition before the learned Labour Court which has taken the view that the charge of wrongfully obtaining allotment order in respect of Plot No. S-21, measuring 1500 Sq. Yards, in lieu of Plot No. S-23, measuring 400 Sq. Yards. previously allotted to the appellant, had not only been established but was in fact admitted by…

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