| Citation(s) |
|---|
| 1984 SLG 1189 1984 SLD 1189 1984 PLC 453 |
Labour Appellate Tribunal, Punjab
Appeal No. LHR-591 of 1978, decided on 15th September, 1981.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. LHR-591 of 1978, decided on 15th September, 1981.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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MUHAMMAD FAROOQ
VS
MESSRS DAWOOD HERCULES CHEMICALS LTD.
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) I Ordinance (VI of 1968)--- -- S. O. 15 (3) (h)-Subversion--Respect and decorum of superiors must be maintained--Workman suffering from fever with temperature of 100.3° and not out of senses demanding for an ambulance to carry him home-No ambulance available-Supervisor asking to go home in a vehicle which was per chance going-Workman asking supervisor to "get out" and allegedly catching hold of his shirt and abusing him-Allegation of uttering loudly "get out" only proved-Such act of workman, in circumstances, held, amounted to subversion of discipline-Workman though not working actually but incident occurring during working hours and in presence of other employees-Contention that in view of facts that work man was suffering from fever and was not actually working on duty but was waiting to go home such act did not amount to misconduct-Rejected-Dismissal from service, held, justified Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3). Abdul Aziz Qureshi for Appellant. Irshad Ali Mian for Respondent. Date of hearing : 1st September, 1.981. JUDGMENT This appeal arises from the decision, dated 8th May, 1978 passed by the learned Punjab Labour Court No. 3, Lahore at Ferozewala, whereby the petition of the appellant given under section 25-A of the Industrial Relations Ordinance, 1969 was dismissed. 2. The appellant was an Operator in the respondent-Company. He fell ill on 15th April, 1976 and was examined by the doctor of the company who recommended sick leave for three days. He was suffering from fever and high blood pressure. The appellant had to go home and asked the Management to arrange for an ambulance, but no ambulance was available. After sometime Mr. Javed lqbal, Supervisor, asked the appellant to go home in a vehicle which per chance was going. The appellant said to him `get out'. He is alleged to have caught ;old of the shirt of Mr. Javed Iqbal, pulled it and abused him. Mr. Javed Iqbal stated the something before the Enquiry Officer Fazal Elahi and Jalal Qureshi stated only this much that the appellant had spoken loudly. 3. It has been argued by the learned counsel…
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