Law:

Section:

Pakistan Essential Services (Maintenance) Act (LIII of 1952)- ---- S. 6-Termination due to misconduct--Charge of causing loss by accidents in defective operating of crane--Workman asked to operate crane of different nature for which normally engaged--Not properly instructed about its operation-Found to be lacking required proficiency to operate such crane-Termination of service on account of incidents caused due to lack of proficiency, in circum­stances, held, not in order-Re-instatement with full back benefits awarded. Ayub Shah for the Complainant. Aftab Ahmad Khan for Respondent. Date of hearing : 16th of September, 1980. DECISION This petition has been submitted by one Ghulam Rabbani, OX-Crane Operator DNC Joint Venture, Tarbela Dam under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 against the Personnel Manager GNC Joint Venture Tarbela Dam. He has submitted that he had been serving with the respondent-Company as Crane Operator since 1979 on Mobile Crane. He was served with a show-cause notice to which he had submitted his reply. An ex parte enquiry was however held and his objection was not accepted and a second show-cause notice was issued to him. He had prayed for an interim stay order till the case was decided by the competent authority. The petitioner was informed that vide show-cause notice issued do 25th May, 1980 he had been informed that the charge levelled against him had been proved and he was, therefore, asked to show cause as to why he should not be dismissed from service. The petitioner was, therefore, required to submit his explanation to the second show-cause notice as no final decision in the matter had been taken, by the respondent and no cause of action had arisen. He was advised to approach the Commission if he was not satisfied with the action taken against him on the basis of the explanation to be submitted by him the petitioner appeared in person on 1st June, 1980 and submitted that he had been dismissed by the respondent-Company vide their order dated 27th May, 1980. A copy of the petition was, therefore, sent to the respondent for their comments which were submitted on 22nd June, 1980 and the case came up…

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