Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4)(c), proviso---Grievance petition--­Maintainability---Grievance petition of employee against his dismissal from service was resisted by employer contending that employer (Corporation established by Provincial Government) was a statutory body governed by its own, `Rules' as such Standing Orders Ordinance was not applicable to it--­Held, employer Corporation though was set up by Provincial Government, but was involved in commercial activities and its administration and even its policies were in the hands of a Board---Exemption provided under proviso to S.1(4)(c) of Standing Orders Ordinance, thus would not be available in view of the fact that `Corporation' had been omitted from said proviso---Contention of employer Corporation that Standing Orders Ordinance, was not applicable to case, therefore, was repelled. National Bank of Pakistan v. Manzoorul Hassan 1989 SCMR 842; Muhammad Nawaz v. SLAT and another 1982 PLC 1002; Karachi Development Authority v. Presiding Officer, Vth Sindh Labour Court and 2 others PLD 1976 Kar. 514; .1990 PLC 593; Punjab Small Industries Corporation v. Punjab Labour Appellate Tribunal and others 1988 SCMR 1725 and National Shipping Corporation of Pakistan v. SLAT and 2 others 1975 PLC 1 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(3)(a) & (4)---Wilful insubordination and disobedience---Dismissal from service---Reinstatement---Employee was dismissed from service without holding any enquiry against him on ground of misbehaviour and disobedience---Allegation against employee was that while sitting in office he was asked to receive a letter, but he declined to accept same---No reason had been green on part of employer as to shy that letter was passed on to employee and why same was not duly despatched through post or Qasid or Peon---Words exactly spoken by employee at time of refusing to accept letter as put forward before Court, did not smack of any insolence anti insubordination of employee, but was a…

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