Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)-­Major punishment of compulsory retirement can be awarded it procedure given in S.O. 15 is followed--Past bad reward and dereliction of duty of employee already dealt with by awarding punishment cannot be a ground for compulsory retirement as no one can be punished twice for the same act--Employee retired compulsorily before superannuation age and before completion of 25 years service qualifying for pension--Neither any charge-sheet served nor enquiry conducted--Action based on past record indicating instances of absence from duty resulting in issuance of warnings and imposition of penalty of stoppage increment--Impugned order of compulsory retirement, set aside by Appellate Tribunal and appellant awarded reinstatement with all hack benefits. H.R. Harder for Appellant. Nazir Baig Chughtai for Respondent. Date of hearing: 28th August, 1988. JUDGMENT The appeal captioned above challenges the correctness of the decision dated 13-7-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the appellant for his reinstatement in service was dismissed. 2. The facts are that the appellant was compulsorily retired before reaching the age of superannuation or even before completing 25 years' service. The grounds were that he was habitual absentee; that his record was bad, inasmuch as vide order dated 29-3-198 his increments were stopped for two years; that treating the appellant as absent from 6-8-1984 to 8-8-1984 he was considered on leave without pay and was given warning to be careful in future; that vide order dated 25-8-1984 he was granted leave without pay for absence from 15-8-1984 to 18-8-1984; that vide order dated 5-9-1984 the absence of the appellant from 23-8-1984 to 4-9-1984 was treated as leave without pay and he was warned to be careful in future; that vide order dated 8-7-1980 his two increments were withheld and that vide order dated 7-8-1986,…

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