Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (3) (h)-"Misconduct"---Disorderly behaviour and act subversive of discipline-Workman asked by Manager as to why he was not wearing uniform and badge-Workman after placing his tools on table saying at top of his voice "do you require work or uniform ; you are a fauji"-Such incident occurring during working hours in presence of other workers-Act of workman, in circum­stances, held, amounted to misconduct of disorderly behaviour and subversive of discipline. (b) Industrial dispute- --- Dismissal for misconduct-Multiple charges-Accused charged for two charges-Enquiry Officer not recording findings on one charge-Competent authority passing dismissal order on basis of both charges-Impugned dismissal order, in circumstances, held, stood vitiated and workman awarded re-instatement without back benefits-Industrial Relations Ordinance Chan Pir Shah v. Congothene Chemicals Industries 1981 P L C 984 ; Sher Muhammad v. Sher Ali Khan P L D 1962 Lah. 172 and Rehmat Elahi v. Government of West Pakistan P L D 1955 Lah. 112 ref. 1979 P L C 100 and P L J 1979 Tr. C (Labour) 55 ref. Malik Muhammad Asghar for Appellant. Javed Altaf for Respondent. Date of hearing : 2nd September, 1981. JUDGMENT This is an appeal brought by Khalid Hussain, appellant, against the decision, dated 31st July, 1977 of the learned Punjab Labour Court No. 2, Lahore, whereby his petition given under section 25-A of the Industrial Relations Ordinance, 1969 for his reinstatement was dismissed. The appel­lant was a Fitter in the respondent-Company. On 25th September, 1975 he was found without uniform and badge. Thereupon, the Manager enquired from him why he was not wearing the uniform and the badge The appellant shouted after placing his tools on the table "do you require work or uniform" and manhandled the Manager. The persons present in the factory intervened. The appellant was charge-sheeted and an enquiry, was held against him, in which he was found guilty of only one charge of misconduct. The Enquiry Officer did not record his findings. on the other charge which was that the appellant was without…

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