ABDUL QADIR MENGAL (MEMBER).--- This appeal has been preferred against the order dated 3-11- 2009 passed by Presiding Officer 3rd Labour Court Balochistan at Hub whereby application of appellant under section 41 of IRO-2008 for his reinstatement with full back benefits was dismissed.
2. The facts of application or appeal were that applicant/appellant entered into service of respondent Messrs Gatron Industries Limited 3-3-2008 through appointment Letter No,APW-7521- 03, dated 3-3-2000. The terms of appointment letter were that applicant would serve as a full time employee and shall not engage in any other work, business, profession or service directly or indirectly during tenure of his service. The contravention of above condition, the services of applicant/appellant would liable of his dismissal or termination in view of the terms and conditions of the appointment. However, applicant/appellant in violation of the terms and conditions of his appointment entered into service of Ismail Industries. Whereupon applicant was served charge- sheet notice on 15-11-2008 in result of that an inquiry was initiated against applicant/appellant and one Muhammad Zakeria conducted inquiry in the matter and same was proved against appellant/applicant that he was holding dual appointment in Gatron Industries Limited and as well as Ismail Industries. The appellant challenged his dismissal order through grievance notice and in result filed grievance application before the Court, denying his dual appointment and serving in Messrs Ismail Industries. He further prayed that.
(a) Court direct the respondent to reinstate the appellant/applicant with full back-benefits.
(b) Hold that the alleged misconduct is only omission which does not warrant dismissal.
(c) Any other relief under the circumstances of the case.
3. Respondent filed his re-joinder raised some legal objections and also contested the application on factual grounds.
4. Heard Mr. Azam Jan Zarkoon for appellant while Mr. S.M. Iqbal Advocate for respondent.
5. After hearing both sides I have also perused the record. Record supports the verdict or order of the learned Presiding Officer IIIrd Labour Court dated 3-11-2009, that appellant/applicant even accepting the agreement of appointment and it's terms and conditions failed to honour the same and acted in violation of the terms of his appointment letter dated 3-3-2008. And during the said period he was also serving in Ismail Industries. On termination from Ismail Industries applicant applied, or approached the Labour Court for his reinstatement, where the question of his dual service was came into objection, appellant/applicant altogether denied of his serving in respondent company the Gatron Industries Limited.
6. Though learned counsel for appellant Mr. Azam Jan Zarkoon strenuously argued, that under the Standing Order Ordinance, 1968, there is no such embargo for serving in two different companies at a one and same time as such the respondent cannot throw out or dismiss the appellant/applicant from service on the above ground. However, I failed to concure with his view, because appellant/applicant after accepting the terms and conditions of his appointment in Messrs Gatron Industries Limited, could not go back from the terms and conditions, whereas the terms of the appointment letter or clause 5 through which the respondent has fixed the conditions does not contravene any legal right or rule of any prevailing law. Therefore, in my view appellant/ applicant is abide(sic) by his conduct and as well as actions to violate the rules or terms of his appointment letter.
' As such being above the order of learned Presiding Officer IIIrd Labour Court at Hub dated 3-11- 2009 requires no any interference, same is upheld, in result, present appeal is failed and is dismissed with no order as to costs.