Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---- Ss- 25-A & 37 read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (.VI of .1968), S. O. 15-Dismissal on account of misconduct-Accused charged for (1) being absent without leave for period exceeding 10 days, (2) habitual absentee and (3) non-compliance of orders of superior ­Enquiry Officer coming to findings that all charges established ­Labour Court not finding charges of habitual absence established and dismissing grievance petition for reasons that remaining two charges stood established-Possibility existing that employer might not have imposed penalty of dismissal bad he known that third charge had not been established findings of enquiry that third charge had not been established likely to have influenced decision of employer in passing dismissal Order-Impugned dismissal order: in circumstances, set aside by Appellate Tribunal-Employer given option to take action at his discretion on basis of two charges estab­lished against accused workman-Back benefits, in circumstances, refused. Chan Pir Shah v. Congothene Chemical Industries Limited 1981 P L C 984 ; Sher Muhammad v. Bashir Ali Khan P L D 1962 Lab. 172 ; Builders Associates Ltd. v. Talib Hussain Chohan 1980 P L C 628 and Islamabad Club v. Punjab Labour Court No. 11 P L D 1980 S C 307 rel. Ch. Rashid Ahmad for Appellant. Kamal Ahmed for Respondent. Date of hearing : 27tb March, 1983. DECISION The appellant, who was employed as Tower Crane Operator in the respondent Corporation, was dismissed from service, vide order, dated 29th March, 1982, on the basis of committing three separate and distinct acts of misconduct, namely, (I) being absent without leave for a period exceeding ten days with effect from 19th October, 1981, (2) habitual absenteeism, and (3) non-compliance of the orders of his superiors refer­ring him to the Corporations Medical Officer, Dr. M. S. Qureshi, for medical checkup. The domestic enquiry in respect of the aforesaid three charges was ordered in .which Abdul Hameed Khan, Assistant Manager (Administration), gave evidence on all the three charges against the appel­lant while the appellant…

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