' In this appeal the decision dated 13th November, 1982 passed by the learned Presiding Officer, Punjab Labour Court No, 5, Faisalabad has been challenged, whereby the grievance petition of the appellant for his reinstatement was dismissed.
2. The allegation against the appellant was that he had failed to deliver three letters sent to the District Manager, Jhang containing form TT-40 for taking action against certain employees of the respondent. The appellant took up the plea that no such letters were delivered to him. In the way- bills which were produced before the learned lower Court the disputed letters were mentioned alongwith some other documents. The other documents were delivered by the appellant but the allegation was that three letters were not delivered by him. The representative of the appellant has argued that since the original of Exh. R-2 which was bearing the signatures of the appellant was not produced and the appellant was not confronted with it on the basis of copy Exh. R-2 on order could be passed. The delivery of the way-bill is not denied. It is also admitted that the other documents mentioned in the way-bills were received by the appellant but denial is only about the three disputed letters. The signatures of the appellant on Exh. R-2 therefore, are not denied. If the appellant had denied the receipt of the other documents also, of course there could have been some force in the arguments of the representative that the appellant should have been confronted with his signatures appearing on that document. Moreover, at the time copy of the way-bill was admitted in evidence no objection was raised that the original should be produced. If at the time Exh. R-2 was received in evidence, objection had been raised about its admissibility there would have been opportunity for the respondent to produce the original way-bill. The representative has cited 1980 PLC 663 on the point but the same is not helpful. No doubt it has been observed that documents not copies of judicial orders cannot be brought on the record without proving the signatures of the persons alleged to have signed them but in the present case the delivery of the waybill and the signatures of the appellant on it are admitted but only the delivery of the three documents was denied.
3. It has also been argued that the allegation made against the appellant did not amount to misconduct. I cannot agree with the representative on this point also. The officer of the appellant delivered three letters to him alongwith other documents but he failed to deliver the same nor returned it to the said officer and thus he committed the offence of neglect of work. The word 'or' appearing between the words 'habitual negligence' and 'neglect of work' is disjunctive, therefore, the word `habitual' will not be read with the words 'neglect of work'. The single act of 'neglect of work' therefore, would constitute misconduct. But where one has been found to have worked negligently, it would not amount to misconduct unless series of instances have been produced to show that habit of working negligently has developed in him.
4. The offence of neglect of work was duly proved against the appellant and he was rightly dismissed and the learned lower Court rightly dismissed his grievance petition. There is no force in the appeal, which is dismissed in limine.