Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 15Dismissal from serviceEmployee working as mason was dismissed from service after chargesheeting him and holding enquiry against him on allegations that he misbehaved with his superior, used filthy language against him and even threatened him with physical harm which was an act subversive of discipline on the part of employeeAllegation against employee had fully been proved in enquiry held against himMain question was of discipline in the working of factory for progress and if any worker had shown little respect for discipline, he had no right to ask for being retainedOrder of Labour Court reinstating employee with back benefits thus was set aside in circumstances. Raees M. Mushtaq for Appellant. Ashraf Hussain Rizvi for Respondent. Date of hearing: 14th October, 1996. DECISION This appeal arises from the judgment of the Sixth Sindh Labour Court, Hyderabad allowing the grievance petition of one Muhammad Ramzan under' section 25A of the I.R.O. for reinstatement and back benefits. 2. The facts in brief are that Muhammad Ramzan was a permanent workman doing the work of a mason in the appellant factory since 8101983. On 20th March, 1993 at about 830 a.m. the superior officer of the respondent asked him to be strict with the daily wage workers under his control. The respondent lost his tamper and he became violent and aggressive. He used abusive language against his officer and to show his displeasure he drove away the daily workers from the mill premises. A chargesheet dated 3031993 was served on Muhammad Ramzan. He was charged with having misbehaved with Mr. Umer Farooq, Civil Engineer when he asked him to utilise the services of the daily wage workers properly to improve the pace of work. That the respondent misbehaved with the Engineer, shouted at him and used filthy language. He even threatened him with physical harm and thus assaulted him.. He then instigated the daily wage workers to leave their work and go away. This was an act subversive of discipline for which the respondent mason was chargesheeted. 3. The respondent mason stated in his written statement that…

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