Case Details

Citation(s)
1984 SLG 1538 1984 SLD 1538 1984 PLC 935
Labour Appellate Tribunal, Punjab
Appeal No. LHR-99 of 1982, decided on 29th June, 1983.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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FAZAL KARIM

VS

ROTI CORPORATION OF PAKISTAN LTD.

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O 15 (3) (a)-Misconduct-Insubordination - Describing a superior as "mischievous officer" - Such contemptuous remarks amount to misconduct of insubordination. Appellant in person. Ali Sibtain Fazli for Respondent. Date of hearing : 28th May, 1983. ' JUDGMENT - The above-captioned appeal is directed against the decision, dated 16th January, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahor, whereby the grievance petition of the appellant for his reinstatement in service was dismissed. 2. The appellant had made certain reports against the officers about misappropriations and irregularities and was dismissed. He was, how­ever, reinstated Now, the allegation is that he wrote letter Exh. D. 9 to Mr. S. K. A. Rehmani in which he called Rana Muhammad Akram a mischievous officer. He was charge-sheeted. Several attempts were made to serve the charge-sheet by registered post but in vain Ultimately the charge-sheet was served on 22nd September, 1979 by Mr. Bennc. His report is Exh. D. 26 to the effect that the appellant refused to receive it. Mr. Benno was accompanied by Mr. Muhammad Aslam, junior assistant, who recorded the report of Mr. Benno. Copy of his letter accompanied by the charge-sheet was sent by registered post in envelop Exh. D. J. appearing at page 197 (in red ink) of the file but came back with the report of refusal, In the beginning the charge-sheet was sent on 28th July, 1975.. Enquiry notice was sent for 3rd October, 1979 which is Exh. D. 23. The appellant refused to receive it. The report of Khadim Hussain who had taken the notice to the appellant in his office is Exh. D. 24. The appellant did not appear on 3rd October, 1979 before the enquiry officer. The enquiry was not held on 3rd October, 1979 in order to give another opportunity to the appellant to join the enquiry. The enquiry was adjourn. ed to 10th October, 1979 and another notice of enquiry was sent by telegram. Copy of telegram Exh. D. 19 was taken by Khadim Hussain to the appellant in his office but he refused to receive Report of Khadim Hussain is Exh. D. 20, dated…
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