Law:

Section:

(a) Industrial dispute--- ----Misconduct---Workman's usual practice to stop machine before scheduled and prescribed closing time and intentionally putting employer to financial loss---Act of workman, held, was of gross misconduct. PLD 1978 SC 239 held not applicable. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3)---Grievance petition---Scope---Misconduct---Quantum of punishment---Labour Court could neither be a benevolent despot nor could sit in appeal over quantum of punishment awarded by management---Labour Court converting punishment of dismissal from service to that of stoppage of increment for one year---Order of Labour Court was set aside and grievance petition, was dismissed by Appellate Tribunal. 1980 PLC (C.S.) 984 and 1982 PLC 798 rel. Muhammad Humayoon for Appellants. Mirza Muhammad Kazim for Respondent Date of hearing: 23rd November, 1987. DECISION This is an appeal filed by the appellants, Messrs. General Tyre & Rubber Company of Pakistan Limited, Karachi, against an impugned order, dated 26-1-1987, passed by the Sindh Labour Court No. IV, Karachi, who had allowed the grievance petition of the respondent by reinstating him in service, but, with the direction to stop the annual increment of the respondent for one year and it also to be entered into the Service Record of the respondent to make improvement. 2. Briefly stated the facts of the case are that the respondent claimed to be the permanent employee of the appellant-establishment and his work was to operate machine as Tyre Builder. As per claim the respondent was falsely involved in a complaint alleging therein that on 29-5-1986, he left the machine where he was deputed by Foreman Mr. Jawad Akhtar and thus was found missing at 6-05 hours and for this act of the respondent he received a charge-­sheet containing the allegation that the respondent made no compliance with the standing instructions to work till the end of shift on 29-5-1986, but, left the duty 25 minutes before the end of the shift. Further, it was claimed by the respondent, that as, one Pervez Akhtar, Foreman was annoyed with him and he was also biased with him, therefore, he was victimized as…

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