Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ----S.O. 15(3)(b)---Misconduct---Dismissal from service---Employee was dismissed from service after issuing him charge-sheet and holding enquiry against him on an allegation that on relevant day he was found sleeping near his machine in duty hours---Employee's act of sleeping or sitting idle by the machine during duty hours, fall within "subversion of discipline" and "disorderly behaviour"---Employee in circumstances was rightly dismissed from service after holding enquiry against him. Pakistan International Airlines v. Junior Labour Court PLD 1978 SC 239; Saifee Development Corporation v. Workers Union 1965 PLC 304; General Manager, Pak American Fertilizer v. Industrial Court Lahore 1966 PLC 426; Akhtar Alain v. Sindh Labour Appellate Tribunal 1985 PLC 570 and Abdul Rasheed Quraishi v. Industrial Court of West Pakistan and another 1967 PLC 525 ref. Ali Amjad for Petitioner. Nemo for Respondent No. 1. Noor Muhammad for Respondent No. 2. Date of hearing: 8th March, 1995. JUDGMENT ABDUL RAHIM QAZI, J.---This petition has been filed challenging the orders passed by the Sindh Labour Appellate Tribunal in Appeal No. KAR-205 of 1988, whereby the judgment given by Sindh Labour Court No. 11, Karachi had been set aside and the grievance petition of the present petitioner moved under section 25-A of the Industrial Relations Ordinance, 1969 has been dismissed. 2. Briefly the facts relevant for the purposes of this petition are that the present petitioner, an employee of respondent No. 2 was issued a charge-sheet on 14-6-1987 to the effect that he was found sleeping on that day at 12-40 p.m. and, therefore, he was liable under the provisions of Standing Order No.15(3)(h) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 hereinafter referred to as the Ordinance. He was also required to show cause within a period of 48 hours. The petitioner submitted his explanation on 16-6-1987 where in the plea taken by him that on the said day and time he was sitting by the side of his machine and was not working because the other employees of his line…

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