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Industrial Relations Ordinance (XXIII of 1969)- ----S. 37--Dismissal on account of misconduct-Labour Court com­ing to conclusion that charge of misconduct established in enquiry and findings of enquiry based upon evidence-Appeal, in circum­stances, dismissed. Shafiq Qureshi for Appellant. M. Humayun for Respondent. Date of hearing : 4th September, 1980. ORDER The appellant, who was employed as a worker in the Ring Spinning Department of the respondent-Mills, was issued 2 charge-sheets by the Management. The first charge-sheet, which is dated 20th July, 1978, charged him with refusing to receive an order transferring him from Shift No. 1 to Shift No. 2 and further with refusing to work and inci­ting other workers of the Ring Spinning Department to resort to a strike. The second charge-sheet, which is dated 30th August, 1978, contained the accusation that the appellant was absent from his duties without leave for a period exceeding 10 days, commencing from 17th August, 1978. 2 sepa­rate and independent enquiries in respect of the 2 charge-sheets were held by 2 different Enquiry Officers. Both the Enquiry Officers, on the basis of the evidence recorded by them, came to the conclusion that the respective charges against the appellant had been duly established. In view of these reports from the Enquiry Officers the appellant was dis­missed from service with effect from 24th October, 1978. The appellant challenged the dismissal orders by way of grievance petition made before the learned Labour Court, which has recalled the various contentions rais­ed by the appellant and dismissed his grievance petition, holding that there was sufficient evidence to establish that the appellant had not only refused delivery of his transfer orders but also incited the workers to go on strike on 19th July, 1978. In respect of the second charge-sheet, which related to the appellant's absence from duties without leave with effect from 17th August, 1978, the learned Labour Court, while holding that his absence without leave had been duly proved, exonerated the appel­lant of this charge on the ground that as the appellant had been placed under suspension, he appears to have acted in the…

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