AWARD AGHA IMDADALLY (CHAIRMAN).-This is an application under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as "the Ordinance") made by the General Secretary, Sindhi Adabi Board Printing Press Workers' Union, Hyderabad against the said Sindhi Adabi Board through their Secretary.
2. The case bf the applicant in the application is that his Union is the only Trade Union in relation to the respondent Board as such it is the collective bargaining agent with respect to it. It is alleged that the respondent Board dismissed Mr. Ghulam Ali Compositor of the Press of the respondent Board, who was its permanent workman, with effect from 20th of May 1970, without giving him any charge-sheet and any opportunity of defence. The respondent Board also did not give him any order in writing for his dismissal which action by it was challenged to be clearly in violation of the law in force and also against the principle of natural justice as well as the Board's Rules for its employees. On these facts it is also con--tended that the action of the respondent Board dismissing Mr. Ghulam Ali is tantamount to a denial of the guaranteed right of this workman as such it is prayed that this Court be pleased to direct re-instatement of Mr. Ghulam Ali in his employment with the respondent Board from the date of his illegal dismissal with full pay.
3. The respondent Board was served with summons for this application but on the date of hearing fixed for filing the written statement no one put in, appearance on their behalf hence it was placed ex parte and next date of hearing was set down for ex parte proof. On this last mentioned date the workman Mr. Ghulam Ali filed his affidavit deposing to the same facts as are disclosed in the, narrative of the case in paragraph No. 2 of this Award above. As there is no other evidence or material in rebuttal of the statements of the facts and allegations contained in this affidavit it is to be accepted on its face value and it does not appear to be saying something inherently improbable and un--natural. It is thus clearly established by way of evidence in the cast that the workman Mr. Ghulam Ali has been dismissed from his services by the respondent Board on the date mentioned already without being charge-sheeted and a consequent domestic enquiry being held as well as that he has, therefore, not been given any opportunity to make his defence which it was incumbent upon the respondent Board to offer to him under Standing Order 15 of the W. P.
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and it is also further clear that the principles of natural justice have been violated by the action of dismissal so taken by the respondent Board.
4. The learned Representative for the applicant has also brought to my notice and shown to me the Bye-laws for the Sindhi Adabi Board's Printing Press Employees which apply to the workman concerned in this case and in these Bye-laws the Bye-Law No. 17 is regarding penalties to be inflicted upon the said employees in which it is clearly laid down that the appointing authority may remove or dismiss a member from service for inefficiency, indiscipline, dishonesty or moral turpitude or misconduct, if found guilty, after enquiry as laid down in the clause preceding to the clause wherein this provision is made in this Bye-law. It is also, therefore, abundantly clear that this relevant Bye-law regarding imposition of penalties has been violated too.
5. For the reasons given above it is thus obvious that the dismissal order of the workman Mr. Ghulam Ali is illegal and bad in law due to also the further reason that it is against the principles of natural justice. Hence I set aside this order of dismissal and direct that the workman Mr. Ghulam Ali shall be considered to be an employee with the respondent Board in the same lost in which he was when he was dismissed and shall also be deemed to continue in that post from the date of dismissal as such he shall be taken back in the same employment by the respondent Board. As regards the period of his remaining unemployed with effect from 20th of May 1970 I order that the respondent Board do pay him his full salary from that date up to the date when he is taken back in employment as ordered herein. This period of his unemployment the Board may treat as leave on full pay to the workman Mr. Ghulam Ali. It is also directed that this order be implemented by the respondent Board within 10 days hereof.
Announced in open Court.