Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- ---Ss. 25-A & 38(3)--Removal for misconduct- Employee of Lahore Development Authority alleged to have committed misconduct of habitual late coming-­Opportunity to cross-examine witnesses not afforded to such employee--Removal from service, held, amounted to condemnation unheard--Removal from service was rightly set aside by Labour Court awarding reinstatement with full back benefits. (b) Industrial Relations Ordinance (XXIII of 1969)---- ---Ss. 25-A, 30 & 38(3)--Civil Procedure Code; (V of 1908), S. 35-A--Special costs--Industrial Relations Ordinance, 1969 contains no provision for infliction of special costs--Order of Labour Court to the extent of special costs was vacated by Appellate Tribunal. Ch. Mahboob Ahmad for Appellants. Respondent in person. Date of hearing: 13th December, 1987. JUDGMENT This is an appeal directed against the decision dated 20-9-1987 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the respondent has been directed to be reinstated in service with back benefits and special costs of Rs.1,000 have been awarded to him. 2. The allegations for which the respondent was removed from service were that a list of defaulters who had been using water illegally was handed over to the respondent on 11-11-1982 for onward transmission but he failed to send the same and kept the same in his drawer of the table from where it was recovered on 18-11-1982; that he remained absent from duty from 16-11-1982 to 21-11-1982 without permission and that he attended the office late for seven days in June, 1982, ten days. in July, 1982, eight days in August, 1982 three days in September, 1982, three days in October, 1982 and five days in November, 1982. So far as the first charge is concerned, admittedly 12-11-1982 was a Friday and from 13-11-1982 the respondent had proceeded on leave and resumed duty on 22-11-1982. Since after the date of delivery of the list of defaulters the respondent resumed duty on 21-11-1982, therefore, it cannot be said that he neglected his duty or disobeyed the order of his superiors. He may have forwarded the list on or soon after…

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