Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15 (3) (i)--Misconduct--Single act of neglect of work, held, was sufficient to constitute misconduct. (b) Industrial dispute-- --- Domestic enquiry--Minor discrepancies in manner of enquiry not causing prejudice to accused, held, would be immaterial. Ali Amjad for Applicant. S.M. Yaqoob for Respondents. ORDER This order disposes of both applications of workers under section 25-A of I.R.O. 1969 filed by them against their dismissal from service by the respondents. Case of applicant Pervez Akhter is this that he was a permanent workman and employee as Tally Clerk. That on 6th March, 1983 he was served with a charge-sheet wherein it was alleged that he permitted loading of 91 Bars in truck No. 808-725 which was not rejected "C" grade shafting, though written instructions issued specifically requiring that rejected "C" grade shafting marked with red paint shall be dispatched. The applicant Pervez Akhter replied the charge-sheet. The respondents were not satisfied with the reply submitted by the applicant and, therefore, domestic inquiry was held into these charges. The Inquiry Officer after holding departmental inquiry recommended the dismissal of the applicant. The respondents, therefore, dismissed the applicant for misconduct gross neglect and disobedience of orders. Applicant, therefore, challenged the said dismissal by way of the present applicant before this Court. The case of the applicant Mr. Azizul Haque is this that he was a permanent workman and employed as clerk and had put in 10 years of service with respondents. That on 6th March, 1983 the applicant was served with a charge-sheet wherein it was alleged that the applicant supervised the weighment of truck No. 808-725 on 8-2-1983 loading with rejected "C" grade shafting by other officer. That some material was later unloaded by authorities and on the second weighment of the truck, the applicant instead of preparing a fresh weighment slip, had made additions and alterations on the said slip with intention of concealing a weight and disobedience of order by the fellow Tally Clerk Parvez Akhtar.…

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