Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. Os. 12 (5) & 15 (4)-Enquiry-Essential in case of action on basis of misconduct-Punishment of reversion to lower' rank due to alleged misconduct without enquiry-Illegal. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 1 (4), Proviso-Ambit of Ordinance-WA P DA-Statutory independent body-Retaining certain powers of control over WAPDA by Government under West Pakistan Water and Power Development Authority Act, 1958-Not sufficient to attract proviso of S. 1 (4) so as to oust WAPDA from ambit of Ordinance. (c) West Pakistan Water and Power Development Authority, Act (XXXI of 1958)- -- S. 17(1-B) read with Civil Servants Act (LXXI of 1973), S. 2(b)­WAPDA employee-Falling within definition of "civil servant" only deemed to be a civil servant for purposes of Service Tribunals Act, 1973-Line Superintendent covered by definition of "workman" under S. 2 read with Sched.11 (xix) of Workmen's Compensation Act, 1923-Not a civil servant-Could invoke jurisdiction of Labour Court-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Respondent in person. Date of hearing: 12th December, 1982. JUDGMENT This appeal emerges from the decision, dated 3rd of November, 1980 delivered by the learned Presiding Officer Labour Court No. 1, Lahore whereby the grievance petition of the respondent for his re-instatement in service was accepted and he was directed to be re-instated as Line Superin­tendent with back benefits. The respondent was a Line Superintendent and was reverted to the post of Lineman Grade I on the allegation that he had misused a Suzuki Pick-up for private journey covering a distance of 436 K. Ms. He was given show-cause notice but without holding any enquiry the reversion order was passed. The charge-sheet reads as under :- "You took out vehicle L. E. P. 381 to Chung area on 10th September, 1979 and used for 3 days till i4 was checked by the Transport Inspector near Niaz Beig. No entry was made in the Log Book which tantamounts to misuse of the vehicle. The vehicle was checked at meter reading 54165, whereas…

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