Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15(3)(c) & S. O. 16-Wilful disobedience of reason­able orders of superior-Provision of residential quarter not essentially a condition of service but workman provided a quarter as additional facility on express condition and undertaking that he would vacate same as and when asked for by management without assigning any reason even though continuing in service ­Workman refusing to vacate quarter when ordered to do so-Act of workman, in circumstances, held, constituted disobedience of law­ful and reasonable order of superior-Dismissal order of workman for such misconduct held not exceptionable-Workman being still in service provisions of S. O. 16, held, not applicable. Messrs Carew & Co. Ltd. v. East Pakistan Sugar Mills Employees' Union 1961 P L C 751 and Rohri Cement Works v. Israr Khan and others 1980 P I; C 879 rel. Riaz Hussain Baloch for Appellants. Respondent in person. Date of hearing: 7th February, 1982. DECISION The respondent, who was employed as a winder in the Star Textile Mills Ltd., the appellants herein, was provided with a quarter in the mills colony under a licence which specifically provided that whenever required to do so by the appellant company, he would forthwith quit and deliver possession of the quarter to the company, even if he still was in the employ­ment of the company. On 17th February, 1981 the respondent was served with a letter by the appellant company, requiring him to vacate within a week Quarter No. 6/A in his possession. The letter contained the threat that if he failed to vacate the quarter within the stipulated time necessary legal action would be taken against him. As the respondent failed to vacate the quarter in question he was served with a show-cause notice on 1st March, 1981. The explanation of the respondent to the said show-cause notice was not found satisfactory by the management and his request for the withdrawal of the order requiring him to vacate the quarter in his possession was turned down. A domestic enquiry was, thereafter, held against the respondent and on the basis of the report of the Enquiry…

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