Law:

Section:

Wage Commission Award--- ---Para. 234--Termination of services--Non-compliance with transfer order--Allegation of not willing to serve according to employer's requirements--No charge-sheet given nor enquiry held--No order issued to relieve worker enabling him to join at new station--Order of termination, knot maintainable--Worker re-instated with back benefits. M.S. Bokhari for Appellant. H.R. Haider for Respondent. Date of hearing: 29th February, 1984. JUDGMENT The appeal captioned above arises from the decision, dated 31-3-1983 passed by the learned Presiding Officer, Punjab Labour Court No. 9, Multan, whereby the respondent was directed to be reinstated in service with beck benefits. 2. The respondent was transferred from Lahore to Sahiwal but he did not join there. His services were terminated on the ground that his post at Sahiwal could not be kept vacant. The learned lower Court has issued direction to reinstate the respondent for the reason that no charge-sheet was given and no enquiry was held. The respondent has not been terminated for any misconduct. In the termination order the ground for termination given is that the respondent has not reported at his new place of posting and his post there could not be kept vacant indefinitely. It is also urged that the conduct of the respondent reveals that he does not wish to serve in accordance with the requirement of the bank. This allegation does not amount to misconduct. As no misconduct has been committed, there was no need of following the procedure given in para. 258 (3) and (4) of the Wage Commission Award. The services of the respondent were terminated under para. 234. This reason given for termination can be a valid ground of termination but in the present case it has not been established. The respondent could have…

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