Law:

Section:

(a) Industrial dispute -- - Dismissal for misconduct - Second show-cause notice after receipt of findings of enquiry-Not a requirement of law-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 15 (4). Dawood Cotton Mills Limited v. Guftar Shah P L D 1981 S C 225 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) - -- S. O. 15 (3) & (4) read with Industrial Relations Ordinance (XXIII of 1969), S. 25-A-Misconduct -Punishment -Quantum ­Prerogative of employer-Enquiry Officer though not debarred from submitting recommendations regarding type of penalty employer neither bound to follow same nor to supply copy of such recom­mendations to accused-Such recommendations can be treated as secret by employer-Abusing and cursing children of superior by workman when questioned by superior about unauthorisedly leaving place of duty-Act subversive of discipline-Dismissal order chal­lenged on ground that it was a harsh penalty -Contention repelled holding that assessment of punishment was right of employer and Labour Court could not substitute same with a lenient punishment. Pakistan Tobacco Co. Ltd. v. Channan Khan, Civil Appeal No. K-136 of 1976 rel. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. O. 15 (2) read with S. O. 12 (5)-Termination of service for misconduct-Amounts to dismissal-Contention that "termination of service" was not one of the penalties prescribed hence could not be imposed--Repelled. Masood Mirza for Appellants. S. M. Kohistani for Respondents. Date of hearing : 1st September, 1982. DECISION The respondent who was employed as a Driver in the Airport Development Agency Ltd. the appellants herein, was served with a charge­ sheet, dated 12th August, 1981, alleging the following acts of misconduct against him :- "Today when you reached office at about 0810 Hours, the Trans­port Supervisor asked you to explain the following points (i) You are required to attend office at 0730 firs. daily, but you are not doing so. (ii) You are paid special allowance of Rs. 100 p.m. on account of overtime working but on any…

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