1984 PLP 148 (PLC)

AJMAL MIAN, J

This petition is directed against the orders, dated 4th November, 1982 and dated 29th November, 1982 passed by the learned Sind Labour Court No. III at Karachi and the learned Sind Labour Appellate Tribunal at Karachi, respectively, is Application No. 34/1982 and Appeal No. KR-578/ 1982, respectively. The relevant facts leading to the above petition are that the petitioner was working as a Weaver in respondent No. 3 factory. He was allotted a quarter outside the factory, on the terms and conditions contained in a licence agreement dated 28th June, 1968. It seems that on 29th March. 1981 respondent No. 2 without assigning any reason called upon the petitioner to vacate the quarter within seven days. Since the petitioner had failed to vacate the quarter in compliance with the above order, he was served with notices dated 29th March, 1981 and dated 25th May, 1981, after that he was charge-sheeted on 5th June. 1981 and an enquiry was held. The enquiry officer gave him two months' time to vacate the quarter at his request but the petitioner failed to vacate the quarter. After that the petitioner was dismissed from services on 8th February, 1982 after service of a show-cause notice. The petitioner being aggrieved by the above order filed aforesaid application under section 25(A) of the I. R. O. The above application was resisted by respondent No.

3. The learned IIIrd Sind Labour Court by its order, dated 4th November, 1982 dismissed the above application. The petitioner being aggrieved by the above order filed an Appeal No. KAR-578/1982, which was also dismissed by the learned Sind Labour Appellate Tribunal by its aforesaid order, dated 29th November, 1982. The petitioner being aggrieved by the above order filed the present petition.

2. In support of the above petition Mr. Muhammad Shafique Qureshi, learned counsel for the petitioner has urged as follows :- (1) That the non-vacating of a quarter in view of the situation obtaining at Karachi, namely, the shortage of accommodations, does not constitute a misconduct on the part of the petitioner. (ii) That under para. 15 (3) (a) of the West Pakistan (Standing Orders) 't Ordinance in order to constitute a misconduct the order of an employer should be lawful and reasonable and in the instant case the impugned order might be lawful but it was not reasonable. (iii) That even otherwise, the severe punishment of dismissal was not warranted. (b) On the other hand Mr. Riaz Hussain Baloch, learned counsel for respondent No. 3 has contended as follows :- (i) That the termination of the licence of the quarter was in terms of clause 18 of the licence agreement and, therefore, the order was lawful and also reasonable. (ii) That since the petitioner was given suficient time to vacate the quarter and as he bad failed to vacate the same, the impugned order was not only lawful but also reasonable.

3. We have noticed from the two impugned orders that both the learned Courts below have not adverted to the two important aspects o the cases, namely (i) Whether the order of vacation of the quarter after the expiry o 14 years while the petitioner was still in service without assigning any reason, was a reasonable order though it may be lawful order ; (ii) Whether the punishment of the dismissal was warranted, in the B circumstances of the case or some lesser punishment could have served the purpose.

4. We would, therefore, allow the petition and remand the case to the learned Labour Court with the direction to deal with the above two questions in accordance with law after providing both the parties opportu nity to adduce additional evidence, if they so wish to adduce. The learned Labour Court shall decide the case within 6 months from th date of receipt of a copy of this order. In the circumstances of the case, there will be no order as t4 costs. Mr. Baloch, Advocate has made an oral request that respondent No. 3 may be permitted to withdraw Rs. 500 deposited by the petitioner towards the rent. Mr. Shafique has no objection to the above request. Order accordingly. A. B. Petition allowed.