Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -.- S: Os. 12 (1) & 15 (3) (4) -. Termination of service ---Alleged colourable exercise of powers by Management-Mail and outdoor duty Clerk recruited with specific condition that he would use a motor-cycle-Performing such duty by driving motor-cycle for considerable time and suddenly stating that he would not do so because he had no driving licence-Management directing him to obtain driving licence but such direction not complied with-­Service terminated by way of discharge on. full benefits and one month's salary in lieu of notice-Contention that termination of service for refusal to obtain driving licence or to use motor­cycle amounted to misconduct necessitating procedure of charge­sheet under S. O. 15 (3) (4), in circumstance, rejected by Labour Appellate Tribunal holding that termination was justified because of diminishing . his utility to Management-Labour Appellate Tribunal's finding on question of alleged colourable exercise of power that action was justified. and not a colourable exercise of powers inconsonance with evidence on record-.Such findings, held, could not be interfered with by High Court-Constitution of Pak­istan (1973), Art. 199.-(Writ jurisdiction]. U.B. Butt & Co. (Private) Limited v. Their Workmen 1962 P L C 1238 and Messrs Pakistan Tobacco Co. Ltd. v. Pak Cigarette Labour Union P L D 1964 Kar. 337 distinguished. Chartered Bank, Bombay v. Its Union 1960 P L C 1051 and Karna­phully Paper Mills v. Its Workers'. Union and others 1961 P L C 991 ref. Ali Amjad for Petitioner. A. A. Sharif for Respondents. Date of hearing : 16th March, 1981. JUDGMENT AJMAL MIAN, J.---This petition is directed against the order dated 24th January, 1980 passed by the learned Sind Labour Appellate Tribunal at Karachi in Appeal No. KAR 309/72. The brief facts leading to the filing of the above petition are that petitioner No. 2 was employed with effect from 23rd September 1968 as a Machine Operator in respondent No. 2's factory. However, in 1974 he applied for a post of mail and outdoor general clerk. He was selected and posted as such on 20th September, 1974. It…

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