Law:

Section:

Industrial dispute---- --Misconduct-Theft-Gravity of offence-Does not depend upon value of stolen property-Employee of Cigarette Manufacturing Company taking out of Factory premises cigarettes manu­factured by employer Company-Workman while leaving searched at Factory gate found in possession of 6 cigarettes in shirt pocket-Charge-sheeted for theft-Plea that cigarettes had been put in his shirt pocket while he had kept shirt hanging-No such plea expressed on first earliest opportunity at time of search and report by security guard-Such plea further altered from time to time before Enquiry Officer and no evidence to prove that shirt was left hanging anywhere-Charge established in enquiry-Act of accused, in circumstances, held, amounts not only to theft but also to wilful disobedience of lawful orders of Management-Quantum of punishment-Within discretion of employer - Plea that punishment of dismissal for charge of theft involving property valuing 20 to 25 paisas not justified, in circumstances, rejected-Orders of re-instatement passed by Labour Court, in circumstances, set aside by Labour Appellate Tribunal in appeal­ West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15 (3) (a) and (b) and Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. Mohammad Siddique v. Messrs Premier Tobacco Industries Kotri 1981 P L C 670 and Pakistan Tobacco Company v. Channa Khan 1980 P L C 981 rel. Syed Zumirul Hasan for Appellant. Saleem Raza for Respondent. Date of hearing: 5th May, 1981. eal. DECISION This appeal by the management is directed against a decision of the learned IIIrd Labour Court given on 31st January, 1981 allowing the'" grievance petition of the respondent workman and directing the management to reinstate him in service but denying him any back benefits. 2. The facts, which form the background of this appeal and which are not disputed are that on 11thJune, 1980, at about 3:00 p.m., respondent Rehman Nizar was searched by the security guard at the main gate of Messrs Souvenir Tobacco Co. Ltd., the appellants herein, while was leaving the factory premises after performing his day's duty to the search…

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