Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ----S. O. 15 (3)-Termination of service-Person cannot be dealt with under S. O. 15 in absence of mens rea. Rice Export Corpn. v. Ghulam Abbas and others Appeal No. KAR-131 of 1981 (unreported) ref. Syed Hassan Zafar for Appellant. Rafique Malik for Respondent. ORDER This appeal is directed against the decision given by the learned 1Vth Labour Court on 11th January, 1982, allowing the grievance petition of the respondent workman and directing the Resources Development Corporation, the appellants herein, to reinstate him in service with full back benefits. The respondent, who was employed as a telephone operator .in the appellant corporation, had challenged before the learned IVth Labour Court his termination of services. The Respondents' services were terminated by the appellant corporation, vide its letter, dated 12th May, 1981, which reads a follows:- "Mr. Qamarul Islam Siddiqui, 12/16, Delhi Colony, Gizri Road, Karachi. Dear Sir, We note with regret your continued irregular attendance. While we sympathize to your heart problem, you will appreciate that the job of a telephone operator in any organization requires regular and punc­tual attendance. With anticipated increase in volume of work we require a telephone operator who will attend his duties regularly and punctually which according to your past performance could not be able to do. This being so, we regret having to terminate your services with effect from 13th May, 1981. The Accounts Department will be authorised to clear all your dues including notice pay for one month as provided in para. 5 of your letter of appointment dated 10th September, 1979 issued by us and accepted by you after submission by you of a Clearance Certificate. Thanking you, Yours faithfully, . Sd/Mohammad Yaqoob Beezanho, Deputy Manager (Admn.)." The learned Labour Court has held that the termination of service of the respondent was on account of his alleged misconduct, but he was neither issued a show-cause notice nor charge-sheet nor was he given an opportunity of explaining the circumstances appearing against him. In other words, the…

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