Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(4)---Industrial Relations Ordinance (XXIII of 1969), S.25-A--­Termination---Misconduct---Absence from duty---Workman's services were terminated after a show-cause notice on ground of misconduct/absence from duty---Misconduct was not brought to notice of worker and no independent inquiry was held---Charges against worker were vague and did not show when and on what date he was absent---Order of termination of service was set aside. S. Ahmed Farooqui for Appellants. S. Jehangir Hussain Shah for Respondent. Date of hearing: 18th November, 1990. DECISION This is an appeal against the order of the learned Presiding Officer, Vth Sindh Labour Court at Hyderabad, dated 25-5-1980, whereby the grievance petition of the respondent was allowed and he was ordered to be reinstated in service with full back benefits. 2. I have heard Mr. S. Ahmed Farooqui, learned Advocate for the appellants and Mr. S. Jehangir Hussain Shah, learned counsel for the respondent and have also gone through the record and proceedings of the case. 3. Brief facts of the case arc that the respondent was admittedly a Wireman in the office of the Electric Inspector, Hyderabad, when he was served with the show-cause notice dated 12-8-1979 and was terminated from service by order dated 9-10-1979. After serving grievance notice upon the appellants the respondent filed grievance petition, which was resisted by the appellants mainly on the ground that the respondent was not a workman and that no grievance notice was given. 4. This Tribunal by order dated 22-9-1980 held the respondent to be a civil servant and therefore allowed the appeal of the appellants and dismissed the grievance petition of the respondent. The respondent challenged the order of this Tribunal before the Hon'ble High Court of Sindh in Petition No.D-1708 of 1980 which was decided on 20-2-1985. Their Lordships held that the respondent was a workman and therefore the provision of civil service rules would not be applicable to him and the provisions of the labour laws would be applicable to him. The appeal was remanded back to this…

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