Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---- Ss. 25 &,37-Dismissal for multiple charges of misconduct-­Charges (1) absence from duty (2) instigating other workers to adopt organised absentee tactics and not to do overtime work and (3) misusing Company's bus -Labour Court coming to conclusion that charges except that relating to misuse of bus established dismissing grievance petition -On appeal Labour Appellate Tribunal re-assessing evidence on record coming to conclusion that none of the charges except absence from duty established-Dismissal order having been passed on assumption that all charges had been established and under influence of findings of enquiry to that effect, in circumstances, set aside by Appellate Tribunal without back benefits and giving option to employer to proceed against appellant workman for established charge of absence from duty. Islamabad Club v. Punjab Labour Court No. II P L D 1980 S C 307 rel, Chan Pir Shah v. Congothene Chemical Industries Ltd. 1981 P L C 984 ; Sher Muhammad v. Bashir Ali Khan P L D 1962 Lah. 172 and Builders Associates Ltd. v. Talib Hussain Chohan 1980 P L C 828 ref. . Malik Muhammad Saeed for Appellant. Mahmood A. Ghani for Respondent. Date of hearing: 24th November, 1980. ORDER The appellant, who was employed as an Operator in the respondent establishment and is said to have been the Cashier in the C. B, A. in. the said establishment, was charge-sheeted on 27th August, 1979, for absenting himself from duty from 16th August, 1979 onwards without any intimation or permission ; collecting workers from the factory near the gate on 16th August, 1979, at about 5.00 p.m., and asking them to adopt organized absentee tactics and also instigated them not to do overtime in the factory ; with having collected the workers again on 18th August, 1979 and openly instigated them. against the management ; and with having misused the company's bus between the 16th and 23rd August, 1979. A domestic enquiry on - the above charges was held by the company's officer Abdul Majeed, who found all the charges established against the appellant. The appellant was accordingly, dismissed from service by the company by its…

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