Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- --S.O. 15(3)---Industrial Relations Ordinance (XXIII of 1969), S. 25-A---Pakistan Essential Services (Maintenance) Act (LIII of 1958), S. 5---Charge­sheet---Employee was charge-sheeted by employer under S.5 of Pakistan Essential Services (Maintenance) Act, 1958 for misconduct---Alleged acts of misconduct were brought to notice of employee---Mere fact that in the charge­-sheet, particular section of Pakistan Essential Services (Maintenance) Act, 1958 was mentioned in the printed form would not exclude application of provisions of Ordinance VI of 1968. Muhammad Ashraf Khan v. District Manager, Karachi Transport Corporation Appeal No. KAR-359 of 1989; decided on 18-3-1990 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ----S.O. 15(3)---Dismissal from service---Misconduct---Appellant was employed as a Driver on bus and was on duty when after his last trip at terminal he was taking bus back and was raided by Checking Squad who detected that some passengers were travelling on bus on, unscheduled trip and from whom conductor had charged fare without issuing them tickets---Appellant also used some harsh words with Checking Squad---Appellant after domestic inquiry was dismissed--­Enquiry Officer was examined by competent Authority and it could not be said that case of appellant stood un-rebutted---Appellant not only misbehaved with the Checking Squad but told them to do whatever they wanted to do as he was not afraid of any report and also refused to sign TT-40 ---Appellant also admitted that he participated in the inquiry and each page of inquiry was signed by him---Held, misconduct of appellant stood proved by evidence and his act amounted to act of disorderly behaviour and an act subversive to discipline. 1984 P L C 1268 rel. Date of hearing: 2nd May, 1990. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. V at Karachi, dated 17-8-1989, whereby the grievance petition of the appellant was dismissed. 2. I have heard Ch. M. Latif Saghar, learned counsel for the appellant…

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