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1995 PLC 149

MAKHZAN vs WESTERN PAKISTAN TANNERIES, HYDERABAD

Citation1995 PLC 149
CourtLabour Appellate Tribunal
Case No.Appeal No, HYD-11 of 1994
Date1994-11-23
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION ' This appeal arises from an order of Labour Court No, VI, Hyderabad, on an application filed by the appellant against his dismissal. The Labour Court found no substance in the application as the dismissal was considered justified. He, therefore, dismissed the application. The appellant Makhzan has, therefore, filed this appeal.

2. The facts, in brief, are that the appellant was working as Chowkidar at Western Pakistan Tanneries, S.I.T.E., Hyderabad. He was posted at the main gate of the factory to check the incoming and outgoing persons. He was to remain there for all the duty hours. The appellant in his position as Chowkidar sent an application against the Manager of the Factory that the Manager was a dishonest person, that while he spent Rs,500 in the course of his factory business he made the - entry of Rs,2,000 and appropriated the balance for himself. As this was a serious charge, enquiries were made and the allegation was found to be totally false and malicious. A show-cause notice under Standing Order 15(3)(h) was, accordingly, issued to the Chowkidar for this act subversive of discipline. The Director of the Tannery appointed Enquiry Officer who found the Chowkidar Makhzan guilty of misconduct. He was, therefore, awarded under Standing Order 15(3)(iv) the punishment of dismissal from service. The appellant Chowkidar than proceeded under section 25-A of the I.R.O.

But without success. Ultimately he has filed this appeal.

3. The appellant's representative, Mr. Rana Mahmood Ali Khan, has argued that the punishment is very harsh and he could, at the most, have been awarded some minor penalty provided under Standing Order 15.

4. It is, on the other hand, pointed out by the learned Advocate for the respondents, Mr. N.A. Talpur, that this is a case of wilful insubordination and mud-slinging to blackmail his Manager, which cannot be lightly dealt with as it affects the entire discipline of the factory Management. I entirely agree with the learned counsel for the respondents that unless there is order in all such business Institutions in this country and blackmailers are severely punished, it will not be possible to carry on the administration smoothly.

5. The punishment is, therefore, maintained and the appeal is dismissed.

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