Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (3) (a)-Misconduct-Wilful insubordination-Order neither acted upon generally nor insisted upon by Management­-Disobedience of such order cannot be treated as wilful insubordi­nation amounting to misconduct. (b) Industrial dispute- -- Domestic enquiry-Charge not established on evidence-Charge cannot be deemed established on presumption. Ali Amjad for Petitioner. Safiullah Siddiqui, Representative with Nasir Ahmad for Respondent. ORDER Petitioner Syed Hassan Ali has filed this application under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 against the Karachi Electric Supply Corporation Ltd., Karachi for a direction that order passed by the respondent dated 14th February, 1980 downgrading him from the post of Supervisor (Electrical) Grade IV to Assistant Supervisor (E) Pay Scale Grade III-A be declared illegal and for setting aside the same. 2. The case of the petitioner is that on the relevant date of the impugned order, he was holding the post of Supervisor (Electrical) in Grade IV. The respondent found him qualified for promotion to the next higher grade of Senior Supervisor (Electrical) Pay Scale V and issued office Memorandum dated 8th May, 1975 which showed petitioner's name at serial No. 4. That in spite of being declared eligible for promotion, the respondent neither filled in the posts in higher Grade V as and when they fell vacant, nor promoted the applicant. Therefore he made several representations, but with no success except that he was allowed to officiate in the higher post of Senior Supervisor Grade V for a temporary period between 20th August, 1978 and 3rd September 1979 on which date, he was replaced by Manzur Elahi, who was brought on transfer from operation section. It is alleged by the petitioner that respondent even refused to treat him as qualified for promotion. Therefore, the petitioner was compelled to approach the Labour Welfare Department on 29th October, 1979 to 1ooK into his grievances, and he stated that this considerably annoyed the Management of the respondent and therefore, he was victimised by being…

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