Law:

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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --- S. O. 15 (3) (h)-Misconduct-Driver abusing and slapping other employee under orders accompanying him in company's van-Held Rightly charged for misconduct - Plea that incident took place outside establishment, in circumstances, repelled. Ali Ahmad for Appellant. S. M. Yaqoob for Respondents. Date of hearing : 7th May, 1985. DECISION This is an appeal against the order, dated 13th November, 1984 passed by the Sind Labour Court No. II, Karachi. He dismissed the grievance petition of the appellant in his impugned order. 2. The facts briefly are that the appellant was a driver of the res­pondents. On 10th December, 1983 and 11th December, 1983 he was charge-sheeted for 2 charges, namely, the first charge was that he refused to take the vehicle Suzuki and officer of the National Containers Limited to the Bank to deposit the cash, and secondly, he slapped and abused one Hashim while he took the Suzuki to West Wharf Road. In the grievance petition, the appellant had leveled allegations that the enquiry officer was prejudiced and he was not changed and that S. O. 15 of the Standing Orders was not complied with as the company was having more than 49 workers. 3. The management's stand is that the appellant was a driver from 6th January, 1983 to 11th August. 1984. The appellant committed misconduct, therefore, he was charge-sheeted. The management further submitted that they never employed 49 or more workers at any time and provisions of Standing Order 15 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was not applicable to them. The enquiry as conducted by the enquiry officer found him guilty of misconduct and therefore his services were terminated. 4. In the Labour Court, the appellant examined himself and was…

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