| Citation(s) |
|---|
| 1996 SLG 353 1996 SLD 353 1996 PLC 198 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-59 of 1992, decision dated: 13-09-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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Appeal No. KAR-59 of 1992, decision dated: 13-09-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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MUHAMMAD ASHRAF CHOUDHRY
VS
M/s. BA.S.F. LANDHI INDUSTRIAL AREAS, KARACHI MUHAMMAD ASHRAF CHOUDHRY Vs M/s. BA.S.F. LANDHI INDUSTRIAL AREAS, KARACHI
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(2)(3)(b)---Misconduct---Dismissal from service---Employee was dismissed from service after issuing him charge-sheet and holding enquiry against him on allegation of misappropriating foreign made welding mask provided to him by employer Company---Welding mask though was a petty instrument of no value, but question was of moral turpitude and value of stolen/misappropriated ` property was of no significance---Dishonest misappropriation of welding mask would fall under S.O. 15(3)(b)' of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 which would amount to misconduct---Employee, thus, was rightly dismissed from service on ground of misconduct. 1988 SCMR 1352 ref. DECISION This is the workers' appeal arising from decision of Fourth Sindh Labour Court, Karachi, whereby the grievance petition of the worker for re-instatement was dismissed. 2. The appellant worker was employed as a welder in the respondent's Pharmaceutical Manufacturing Company. Since it was a foreign Company, very high standards of honesty were expected from the workers. The appellant had been given a welding mask which had been imported by the Company for use of its welders. The appellant was however, found doing the work of welding without any mask. Enquiries were made from him and on the second or third day he produced a local-made mask of cheap make as a mask that was given to him by the company. Obviously the original imported mask had been misappropriated. The appellant was accordingly charge-sheeted and enquiry was made against him. He was found guilty of misconduct and he was therefore, dismissed from service. He filed his grievance petition before the Labour Court but that too was dismissed. He has accordingly preferred this appeal. 3. It has been argued by Mr.…
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