Law:

Section:

. (a) Words and phrases- --- "Reasonable"-Meaning-Endowed with reason, rational, acting according to reason, agreeable to reason, just, not excessive, moderate. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15(3)-Misconduct - Residential quarter - Non-vacation of-Workman allotted and living in residential quarter for last 14 years-Ordered to vacate same while still in service for reasons of failure to pay enahanced rent-Such order, held, though lawful but not reasonable-Non-compliance of vacation order-Does not amount to disobedience of an order connected with service conditions and workman, in circumstances, held, not answerable to domestic enquiry-Dismissal from service on that account, held, unwarranted. Shafique Qureshi for Appellant. Riaz Hussain Baloch for Respondent. Date of hearing : 13th February, 1985. DECISION This appeal was heard by me on 17th December, 1984 then, it was adjourned till 13th December, 1985 when the order was announced. The appeal was allowed and the reasons thereof are as under. 2. The facts are that Muhammad Shakil, the appellant was employed in the Star Textile Mills since the month of August, 1967. He was allotted a quarter in the Mills Colony under a licence which specifically provided that whenever required by the company; the appellant would forthwith quit and deliver possession of the quarter to the company. Subsequently a notice was served on the appellant on 29th March, 1981 to vacate the quarter. The drastic action was taken because Shakil Ahmed could not pay Rs. 35 as a rent per month as he was paying Rs. 12 per month as a rent. His non-payment of the enhancement rent was due to the fact that his pay was the same and he could not afford the same. The notice was served on 29th March, 1981 which was received by the appellant but the same was ignored. He was charge-sheeted on 8th June, 1981 for the non­compliance of the lawful and reasonable orders of the Management. A domestic enquiry was held, by which subsequently, despite the promise of the appellant that he would vacate the quarter, he was dismissed on 8th February, 1982. The appellant filed a grievance…

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