Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)S. 25AWest Pakistan Industrial .and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(h)Dismissal from serviceEmployees were dismissed from service after finding them guilty of misconduct amounting to disorderly behaviour of employeesCharge against employees was that they forcibly entered office, removed Technical Officers by pulling them and took them to the Office of General Manager and not only lockedup all of them in the Office of General Manager, but also assaulted and manhandled themGeneral Manager and all other officers remained wrongfully confined for about four hours F.I.R. lodged with police and complaint filed with Deputy Commissioner regarding incident, fully proved allegations against employeesEmployees had tried to interfere in the management and claimed powers of promotion of workers instead of leaving it to the managementEmployees, thus tried to take law in their own hands and coerced management by violent acts of indiscipline exceeding limits of decency and good conductEmployees had acted in manner subversive of discipline and their acts clearly amounted to grave misconduct as defined in S.O. 15(3)(h) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968Such acts, if allowed against management, were bound to disturb smooth working of the industry and would affect production and economy of the countryLabour Court should have assessed evidence and considered broad facts of the case instead of giving importance to formal technicalities in the procedure of domestic enquiryOrder of Labour Court reinstating employee was set aside and dismissal of employees was maintained. Lucky Silk Mills v. Khaliqur Rehman 1979 PLC 5; Iftikhar Ahmed v. Abdul Razzaq and 6 others PLD 1981 SC 235 and 1988 SCMR 1352 ref. Faruq A. Ghani for Appellant. Nemo for Respondents Nos. 1, 3, 4, 5 and 7. Khadim Hussain for Respondents Nos. 2 and 6. Date of hearing: 13th October, 1996. DECISION These are seven connected appeals by Bawany Sugar Mills against consolidated order of Labour Court No. VI Hyderabad allowing the grievance petition of the seven workers of Bawany Sugar…

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