Punishments

As soon as act of misconduct is established and employee is found guilty after due process of law, it is the prerogative of employer to decide quantum of punishment, out of various penalties provided in law.

As soon as act of misconduct is established and employee is found guilty after due process of law, it is the prerogative of employer to decide quantum of punishment, out of various penalties provided in law.

Petitioner/Employer sought issuance of a writ of certiorari against judgment passed by Sindh Labour Appellate Tribunal whereby employer's appeal was dismissed and the appeal of workman was allowed whereby he was re-instated in service with back benefits

Validity

Courts below after considering the postal receipt of the grievance notice had concurrently held that the grievance notice was sent by the workman to the employer

Case of employer was that the workman had stopped coming to the work, although it was not disputed that he had come to work on the relevant day and he was stopped by the employer's security guard from entering the factory

Employer did not bring any documentary evidence to show that the workman had not been attending work

Employer's witness, on cross-examination, had acknowledged that the workman was never sent any notice to show-cause for his absence nor a written notice of dismissal from service was issued

Assuming that the workman had stopped coming to work without leave of absence thereby committing misconduct within the meaning of S.O. 15(3) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, it was still obligatory upon the employer to adhere to S.O. 12(3), which was never done

Constitutional petition was dismissed, in circumstances.

Three simultaneous punishments have been provided i.e., imprisonment, fine and forfeiture of assets of a holder of public office or any other person who commits the offence of corruption and corrupt practices.