1995 PLP 451 (PLC)

Syed Amjad Ahmad, Factory Manager for Opal Laboratories. These three connected appeals arise from the decisions of Labour Court No. IV, Karachi, whereby Miss Raheela and Muhammad Shakeel workers were reinstated in service with back benefits while Maqsoom Ali's grievance petition against his dismissal was rejected on the ground of non service of grievance notice.

2. The facts, in brief, are that these three workers were employed in Opal Laboratories Factory at Landhi on minimum wage. There were some disputes regarding bonus etc. between the workers and the management and some settlements were also arrived at. These three workers took active part in union activities Maqsoom Ali being the Joint Secretary of the Union. These workers were charge‑sheeted and then dismissed for misconduct. The charge against Miss Raheela was that on 16‑1‑1991 at about 11‑00 a.m. she was found sitting in female canteen talking to worker Maqsoom Ali and thus wasting time. The charge against Shakeel was that on 7‑2‑1991 he was found playing cricket and wasting time. The charge against Maqsoom Ali was that he was gossping with female worker Miss Raheela in the female canteen and wasting time and on 29‑1‑1991 he was found playing cricket with. Shakeel.,

3. The case of the workers was that they were being victimised for union activities and the action taken against them was mala fide.

4. Under Standing Order 15(3) all the workers were dismissed from service for misconduct. The only clause applicable to their case is Standing Order 15(3)(i) "habitual negligence and neglect of work". One or two instances of neglect during the entire carrier cannot be regarded as "habitual". It means neglect of work by habit which connotes continuous course of conduct. There is no allegation that Miss Raheela often left her work to gossip with the male workers in the canteen nor is there any allegation that Shakeel and Maqsoom Ali were often found playing cricket instead of doing their work.

5. A single instance, as' alleged, talking or playing cannot make a person liable for dismissal from service. This serious action taken against the workers gives rise to doubts regarding their bona fides.

6. The learned Labour Court found in case of Miss Raheela and Shakeel that there was no proof of habitual negligence or neglect of work on their part for which they should have been dismissed from service. Their applications were, therefore, allowed and it was ordered that they should be reinstated in service with full back benefits. I entirely agree with the findings of the Labour Court in respect of Miss Raheela and Shakeel.

7. As regards Maqsoom Ali the Labour Court found that the service of grievance notice on the management had not been proved. Mr. Shafiq Qureshi, learned counsel for Maqsoom Ali has, however, pointed out that the notice was sent to the Head Office at their usual address by registered post acknowledgement due. That when a letter is posted it is presumed that the same has reached the addressee. In this case the letter was sent by registered post. The acknowledgement is also initialed and returned to the sender. No one from the Head Office has been examined to suggest that the letter in question had not been received in the Head Office. The Manager of the factory from Landhi cannot prove non‑delivery of the letter. In any case it was known to the management that Maqsoom Ali, Joint Secretary of the Union had also been dismissed from service. There is no reason why the two letters containing notices should reach the management while the third one should get lost. It is, therefore, presumed that the management had notice of the grievance of Maqsoom Ali also.

8. Under the circumstances the orders of the Labour Court in respect of Miss Raheela and Muhammad Shakeel are maintained and the appeals of M/s. Opal Laboratories are dismissed. The order in respect of Maqsoom Ali worker, however, is set aside and the appeal of Maqsoom Ali is allowed. Maqsoom Ali may be reinstated in service with all the back benefits. H.B.T./2438/Lb.S Order accordingly.