DECISION This is an appeal filed by the appellant against an impugned order, dated 24-9-1985, passed by the Sind Labour Court No. I, Karachi, who had dismissed the petition of the appellant under section 25- A , I.R. O. , 1969.
2. Brief facts of the case are that the appellant claimed to have joined the respondent Corporation as Junior Assistant on 7-4-1975 and was promoted as Commercial Assistant on 2-12-1981 and that he was an active member of the Cotton Export Corporation Peoples Employees Union, a C.B.A. In the respondent establishment. Further, it was the case of the appellant that since the respondent Corporation had the monopoly business of cotton procurement sales, and export, therefore, the general tendency and attitude of the Corporation was unreasonable and they did not care and believe in the concept of peaceful industrial relationship. That awards distribution ceremony was to be held on 8-4-1982, therefore, the respondent-Corporation had circulated a list of the recipients and that as the employees wanted to know the criteria for the grant of such awards, as per settlement, but they were treated in a disgraceful manner, therefore, the ceremony had resulted in a boycott. That this causes displease to the respondent Corporation and with a pre-determined mind, an enquiry was held against the appellant resulting in a punishment to him by reducing him to the post of Junior Assistant with effect from 10-4-1983 and also reducing his wages from Rs.555/- to Rs.515/- per month hence he submitted his grievance petition before the Labour Court.
3. The respondent-Corporation resisted the petition and had submitted that on 8-4-1982, an official function to distribute merit awards to a number of their employees was arranged in which some dignitaries associated with their business were also invited. That on the scheduled date, the appellant himself and at the instigation of others indulged in a serious case of misconduct by wilfully interrupting the proceedings and by raising derogatory slogans against the Corporation thus, a chaotic situation was created. Therefore, the appellant was lawfully charge-sheeted in an impartial, fair and reasonable domestic enquiry, he was found guilty of the charge.
That, in view of these findings, the respondent-Corporation could have dismissed the services of the appellant, but considering certain circumstances and the peaceful industrial atmosphere, they had awarded minor punishment to the appellant by reducing his rank and wages, therefore, the action was legal and valid, hence, he cannot sustain his petition which was liable to be dismissed.
4. Both the parties filed their respective affidavits in evidence and were duly cross-examined and thereafter, the learned Labour Court has dismissed the petition, hence this appeal.
5. I have heard the appellant in person and have also perused the record and proceedings of the case. It is proved beyond any reasonable doubt that the appellant had participated in the function on 8-4-1982 and had committed acts of mir1conduct therefore, the punishment awarded to the appellant by the respondent- Corporation by reducing his rank and the wages was quite lenient and reasonable- A though he could have been dismissed from service on the proved acts of misconduct. The decision of this Tribunal, as relied upon by the appellant, in a similar type of case of Muhammad Iqbal of the same incident on 8-4-1982, is distinguishable and not applicable to the present case. I, therefore, hold that the learned Labour Court has rightly dismissed the grievance petition of the appellant.
6. For the above reasons, I see no reason to interfere with the impugned order and would maintain the same. This appeal is accordingly dismissed in limine.