Law:

Section:

(On appeal from the dated 17-12-1979 of the Lahore High Court in W.P. No. 8051 of 1979). West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (vi of 1968)--- ----S.O. 15(3)(h)---Constitution of Pakistan (1973), Art. 185(3)---Termination of workmen's services on alleged misconduct---Validity---Leave to appeal was granted to examine the contention, whether the contents of letters addressed by workman to management and the officials concerned were subversive of the discipline; and whether such conduct on the part of workman was calculated to be destructive of discipline. Abdul Rashid Qureshi v. The Industrial Court of West Pakistan, Lahore and another PLD 1967 SC 367 rel. Ch. Altaf Hussain, Advocate Supreme Court with Sh. Salahuddin, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 1st March, 1990. ORDER NASIM HASAN SHAH, J.---This petition is directed against the order of a Single Judge of the Lahore High Court dated 17-12-1979 passed in Writ Petition No.8051 of 1979 dismissing the aforesaid petition in limine. The relevant facts are that the respondent No.l was employed as a clerk in M/s. Lawrancepur Woollen and Textile Mills Limited, Dawoodabad (the petitioner herein). He was transferred from the section and was working in another section. He addressed a letter to the General Manager with copies endorsed to the Joint Director, Labour Welfare, Rawalpindi and Labour Officer (Factories) Campbellpur alleging that his transfer to the said section was prelude to his being thrown out of his service because this was the device followed by the management which forcibly obtained resignations from service from employees sent to the said section by fabricating charges against them and that he was going to be dealt with in the same manner. According to the petitioner these false, fictitious and disparaging allegations were made by respondent No.l to coerce the management not to transfer the respondent to the other section and further to bring it into disrepute and his conduct was, therefore, an act subversive of discipline amounting to misconduct under clause (h) of sub-para. (3) of the Standing Order 15 of the Schedule to…

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