Law:

Section:

Industrial dispute--- --.Dismissal from service---Re-instatement---Employee was dismissed from service , on ground of wilful insubordination amounting to misconduct--­Allegations against employee who was Joint Secretary of trade union were that the refusal of management to change usual timing of lunch in canteen, he alongwith other employees forcibly rushed inside canteen and raised slogans--­Employee had denied allegations against him contending that on day of alleged incident he was sick and was hospitalised---Employee, in proof of his contention, not only examined witnesses who undisputedly stated that employee was referred to Medical Centre where doctors examined him and drip was administered to him, but also produced Medical Certificate which coin not be controverted by employers---Case of misconduct on basis of ,hid employee was dismissed from service, having not been proved against him, he was ordered to be re-instated with full back benefits. Ali Amjad for Appellant. S. Qamaruddin Hasan for Respondent. Date of hearing: 3rd October, 1994. DECISION This appeal calls in question the order of the Labour Court No. II, Karachi whereby the petition with the prayer of reinstatement under section 25,E IRO came to be dismissed. The circumstances forming the back ground of to case in brief are as follows:- The petitioner was employed with the respondents since August, 1972. He's the Joint Secretary of the Union. It is alleged that as the cause of the workers was being fervently espoused by their union which was the C.BA., they had incurred the wrath of the respondents. He was therefore maliciously served with a show-cause notice on the 10th of April, 1988 which reads as under:- "It has been reported by Mr. Amir Sultan, Security Sargeant that on 7th April, 1988 at 11-30 hours. Mr. Khushmir Khan, Badge No. 131-60 (Ex. Union Office-Bearer) came to him at Main Gate Security Office and told him that they decided that lunch would be taken at 12-00 hours, instead of 12-30 hours. Mr. Amir Sultan informed Mr. Khushmir Khan that he did not receive any order from Management about this change and he had already approached his superiors. In this connection, who have instructed…

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