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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S.O. 15(3)(a)--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)- Dismissal for misconduct---Domestic enquiry conducted properly with defence opportunity to accused---Charge of refusal to obey orders of supervisor established--Labour Court, held, rightly dismissed grievance petition against dismissal order. Abdul Majeed for Appellant. Khalid Javed for Respondent. Date of hearing: 29th April, 1986. DECISION This is an appeal against the impugned order, dated 24-5-1985, passed by the Sind Labour Court No. III at Karachi. 2. Mushtaq Ahmad the appellant was a worker (Fitter/Welder) in the factory of the respondents. An incident occurred on 15-9-1983 at about 10-20 a.m. of which a joint complaint was made by the appellant as well as another worker Habib Ahmad against Mr. Fazal Naeem, the Works Manager. One Fazal Naeem, Works Manager asked the appellant to work in the Core Shop but the appellant refused to obey the orders and held out threats and manhandled Fazal Naeem, therefore, a charge­ sheet was given to the appellant and he was directed to explain the misconduct within 48 hours. The appellant has submitted his reply Annexure 'C' to the application in which he explained that Fazal Naeem had addressed them in a degrading and disgraceful manner which was sufficient to offend him. His explanation was rejected and an enquiry was ordered. Mr. Shamim Javaid the Personnel Officer was appointed as Enquiry Officer who conducted a regular enquiry as a result of which, the appellant was dismissed from service on 6-11-1983, Annexure 'E'. Appellant submitted a grievance notice and subsequently filed a grievance petition. 3. Respondents challenged the maintainability of the application on the ground that no right guaranteed or secured under any law, settlement or award was infringed because a fair and independent enquiry was conducted wherein the appellant was given full opportunity to cross-examine witnesses and to lead defence. It was alleged that the true facts were that there was no work in the Fabrication section, hence four workers of the said section,…

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