Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- --S.25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(2)--Warning letter to worker for alleged mis-behaviour with client of employer--An administrative action--Not a punishment--Involves no infringement of any secured or guaranteed right of worker--Application against warning letter dismissed by Labour Court. Muhammad Ashraf Khan for Applicant. ORDER This is an application under section 25-A, I.R.O. with a request that the order of punishment administering a severe warning to the application be set aside. The brief facts leading to the case were that the applicant was the General Secretary of the C.B.A. Union. There had been an Industrial dispute pending between the union and the management and therefore the management had a grudge against the applicant. It so happened that the Commandant Embarkation Headquarters Karachi wrote a letter to the Director of the company complaining that a member of the company's staff, viz. the applicant Irfan Hussain, had misbehaved with their client. The Commandant took exception to it and described the act as highly objectionable. The applicant was served with a charge-sheet, dated 11-4-1983 for misconduct under S.0.15(3). A regular domestic enquiry was held and the applicant was found guilty by the Enquiry Officer. In the meanwhile, it so happened that the applicant Irfan Hussain approached the Embarkation Headquarters and apologized for his conduct and obtained a letter from the Embarkation Headquarters and also from the complainant viz. Sepoy Aslam Pervaz to the effect that because the applicant had apologized and the misunder­standing had been removed, the matter be dropped. The applicant submitted the said letter before the Enquiry Officer and requested him to close the enquiry expressing that he would not cross-examine the remaining witness. The Enquiry Officer thereupon gave a finding of guilty and recommended that in view of the apology, a lenient view be taken and the applicant be let off with a warning. Accordingly the impugned order of warning was issued to the applicant. The applicant sent a grievance…

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