Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- - Ss. 25-A & 38 (3)-Labour Courts not appellate authorities over orders of employer - Quantum of punishment - Discretion of employer-Alleged misconduct established in domestic enquiry -Labour Court, in circumstances, held, could not substitute punish­ment-[1980 P L C 62 [dissented from]. 1980 P L C 62 dissented from. Muhammad Nasim Khan for Appellant. Mian Muhammad Yasin for Respondents. Date of hearing : 24th October, 1982. JUDGMENT This appeal arises from the decision, dated 21st July 1980 passed by the learned Presiding Officer Labour Court No. 8, Bahawalpur whereby the grievance petition of the appellant for his re-instatement in service was, dismissed. The allegation against the appellant was that he was not co-operating with Messrs Awan Brothers by not supplying to their goods for being carried on the trucks placed at his disposal which affected the business of the respondent amounting to cause loss to the business besides amounting to subversive activities and neglect of work. Reply P. 3 to the charge ­sheet was found unsatisfactory and inquiry was held which after the obser­vation of legal formalities culminated in the dismissal of the appellant. No defect has been found out in the inquiry. Learned counsel for the appellant has argued that the charge-sheet P. 1 is vague. I do not find much force in this argument. There appears no ambiguity nor any one has been found out by the learned counsel for which it may be said that the charge-sheet is vague. The allegation is clear that when trucks were placed at the disposal of the appellant he did not properly supply the goods for loading, and in this manner he was non-co-operative. It was decided that non-supply of goods for being loaded adversely affected the business of the respondent. If the trucks made available by Awan Brothers were not loaded it caused loss to the said transport who would show reluctance to supply the vehicles resulting in loss to the business of the respondent. Likewise by non-supply of goods properly for being loaded on the trucks directly caused loss to the business of the respondent because by late loading goods could reach the…

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