1998 PLP 143 (PLC)

S.O. 15

Dismissal from service

Services of employee were terminated tot misconduct but no charge-sheet was sent to him and no ex parte enquiry was held against him in respect of his misconduct

Services of employee thus, were terminated simpliciter, but no order in writing explicitly stating the reasons was given to the employee

Since employee was discharged on account of stigma of misconduct, his services could not be terminated under S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and in the absence of domestic enquiry employee could not be dismissed under S.O. 15 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-- Dismissal of employee was rightly held illegal by Labour Court. Qasim Ali for Appellant. Date of hearing: 4th March, 1997. This appeal of the K.D.A. is directed against the order of, the 1st Sindh Labour Court, Karachi, allowing the grievance petition of one Syed Lal Hussain Shah and directing his reinstatement with back benefits.

2. Syed Lal Hussain Shah was appointed as labour hand in Horticulture Division II of K.D.A. on 2-4-1980. He was appointed on work charge basis and he was not, therefore, a civil servant of the Corporation. He was a workman within the meaning of the I.R.O. and the Standing Orders. He applied for leave from 6-5-1988 to 6-7-1988 for two months which was granted to him. He left for his native place Abbottabad where he fell ill and could not report for duty on 7-7-1988. After six or seven months he obtained Fitness Certificate from Civil Surgeon; Abbottabad and reported back for duty on 19-2-1989. He was told that his services were terminated during his absence. He then made applications to the President of Pakistan and he received the reply that he could move the Court of competent jurisdiction. He, therefore, filed his grievance petition before the Labour Court.

3. It is more or less admitted that services of Lal Hussain Shah were terminated for misconduct but no charge-sheet was sent to him at Abbotabad and no ex parte enquiry was held against him in respect of his misconduct. His services were then terminated simpliciter but no order in writing explicitly stating the reasons was given to the respondent. Since the respondent was discharged on account of the stigma of misconduct his services could not be terminated under Order 12(3) of the Standing Orders and in the absence of the domestic enquiry the respondent could not be dismissed under Order 15 of the Standing Orders Ordinance. The learned Labour Court, therefore, rightly held that the dismissal was illegal and the respondent was, therefore, reinstated in service with back benefits. There is no merit in this appeal and it has not been stated how the order of the Trial Court was defective.

4. The order of reinstatement and back benefits is, therefore, maintained and the appeal is dismissed in limine. H.B.T./236/Lb.S Appeal dismissed.