This appeal emanates from the decision dated 12-7-1981 passed by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Feroze--wala, whereby the grievance petition of the appellant was dismissed.
2. The appellant is a well-borer. His services were terminated on 9 12-1978 on the allegation of long absence with effect from 21-9-1978. The appellant was transferred from Shahkot to Shadman. He was relieved on 8-11-1978 and he joined in Shadman Division on 14-11-1978. Transfer order was passed. On 28-8-1978. During the pendency of his previous grievance petition he was re-instated but the period from 1-3-1979 to 7-6-1980 was treated as leave without pay and his pay was fixed at the initial stage of the scale by way of punishment.
3. The contention of the appellant that he remained present but was not allowed to mark his attendance was rightly disbelieved by the learned lower Court. If his this contention had been true, he must have complained to the higher authorities. Since he did not work, so he was rightly disallowed pay for the period of absence. However, fixation of pay at the initial stage is not legal.
This kind of punishment is not provided in Standing Order 15 of the Standing Orders Ordinance, 1968
4. However, there is no force in the contention that an enquiry should have been held. Since the punishment of termination was with-IB drawn, Standing Order 12 (5) was not applicable.
5. As upshot of the observations made above, I partly accept the appeal and set aside the punishment of fixation of pay at the initial stage of the scale as this kind of punishment is not provided in Standing Order 15. Since the appellant has been re-instated by the respondent, he is to be put back in the same position in which he was at the time of termination. He will, therefore, get the same pay plus yearly increments, if any falling due to him during the intervening period.