Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(b)(1)---Misconduct---Dismissal from service---Employees were dismissed from service after issuing them show ­cause notice and holding domestic enquiry against them on allegation of misconduct---Employees had alleged some minor defects in enquiry proceedings, but no prejudice was caused to them on that account---Dismissal order passed by Competent Authority, thus could not be interfered with. DECISION This appeal arises from the order of the Fourth Sindh Labour Court Karachi, dismissing the grievance application of the six' appellants for re­instatement in service. 2. The appellants were junior team members or workmen employed by Indus .Motor Company. Karachi. The appellant were the members of Union declared as C.B.A. in 1994. Some of them were office-bearers of the union. On 21-7-1994 Indexation Allowance was declared. It was not up to the expectation of the appellants, therefore on 23rd and 24th July, 1994 they were the black arm bands and instigated the workers to "go slow". Since this was not a secret it came to the notice of the management that the appellants were trying to instigate the worker to lower down the production. Accordingly the appellants were charge-sheeted for misconduct on the grounds: (i) Act subversive of discipline; and (ii) Go slow punishable under Order 15(3)(h) and (1). 3. Domestic enquiry was conducted and -the appellants were found guilty of these offences of misconduct. They were, therefore, dismissed from service. The appellants filed their grievance petition before the Fourth Sindh Labour Court claiming that the domestic enquiry was defective; that the dismissal order was not by competent Authority and that they…

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