Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(3)(b)---Dismissal from service---Employee who was Cashier Incharge Sales Department in Utility Store, was dismissed from service after giving him charge-sheet and holding enquiry against him on charge that he supplied goods of inferior quality to customers and charged amount that of superior quality and thereby over-charged from the customer---Amount involved in over-charging though was of no consequence, but in case of such nature the act of over-charging apart from magnitude of the amount involved, would be an act establishing guilty intention---Employee having failed to defend him, was rightly dismissed from service by employer Corporation. M. Latif Saghar for Appellants. Khadim Hussain for Respondent. Date of hearing: 31st May, 1995. DECISION Respondent Muhammad Saleem was a Cashier Incharge Sales Department in the Utility Stores Corporation. He had the habit of supplying short weight and over-charging. There was hue and cry in the local papers of Karachi that malpractices were rampant at the Stores of the Corporation and sometimes there was exchange of hot words between the cashier and the customers. The respondent was posted at the Utility Stores of SITE. On 6-8-1992 the respondent was caught over-charging customer by name Mr. Zafar Siddiqui who had come to purchase rice. He supplied 4 Killograms of rice of the quality of which the rate was fixed as Rs.11.50 per Kg. and instead respondent charged Rs.13 per Kg. for 4 Kilograms and thereby over-charged Rs.6 from the customer. Regarding this as instance-of misconduct by the respondent which had brought a bad name to the Utility Corporation he was charge-sheeted and an enquiry was conducted against him. Ultimately he was dismissed from service. The respondent filed his grievance petition before Third Sindh Labour Court, Karachi. The Labour Court was of the opinion that Rs.6 was…

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