Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os.15(3) 8t 15(4)---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Dismissal from service---Appellant employed as workman allegedly obtained one day's casual leave but subsequently in leave application he fraudulently converted same to forty-five days earned leave---Appellant produced a medical certificate which was originally issued in the name of someone else but petitioner forged it and put his name thereon---Appellant was found guilty in domestic inquiry on both charges---During course. of said inquiry appellant was charged for passing false, filthy and derogatory remarks against officers of the factory and for this charge a separate domestic inquiry was held against him wherein also he was found guilty---Appellant was consequently dismissed from service on charges of misconduct taking into consideration report of Inquiry Officer---Labour Court found that charges contained in show-cause notice did not constitute any misconduct under Standing Order 15(3) of West Pakistan Ordinance VI of 1968 to warrant dismissal of appellant---No counter-appeal or counter-objection was filed by employer against finding of Labour Court--­Labour Court did not give any finding on charge of production of false certificate about illness of appellant---Regarding forgery in leave application, there was no direct evidence to show that same was in handwriting of appellant, neither employer obtained opinion of Handwriting Expert thereon---Only presumption existed against appellant that alleged manipulation and writing was in the hand of appellant himself---Act of misconduct was not brought to notice of appellant within one month from date when he allegedly committed that act or it came to the knowledge of employer---Show-cause notice and charge-sheet was, therefore, violative of S.0.15(4) of West Pakistan Ordinance VI of 1968---Production of certificate, even otherwise, in wrong name would not constitute misconduct as defined under Standing Order 15(3)---Held, charges against appellant were not susbstantiated in circumstances---Reinstatement of appellant was ordered with 30%…

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