DECISION ' This appeal by Pakistan Steel arises from order of the Sixth Sindh Labour Court, Hyderabad whereby the dismissal order passed by the Steel Mill against the respondent Nisar Ahmed Memon was set aside and he was directed to be reinstated in service with all the back benefits.
2. The respondent was initially appointed as a Cashier. He was thereafter promoted as Assistant Manager and posted at Makli in the Lime Stone Project Section. He had no clerk or peon to assist him. On 18-8-1993 the respondent was charge-sheeted for absence of 3 days in July, 1993, 3 days in August, 1993 and late coming for 3 days in June, 1993 and 3 days in Jury, 1993 and 2 days in August, 1993. He was also charged with leaving the Headquarters because he visited the Head Office without prior permission on three occasions. Thereafter, the respondent proceeded on medical leave from 29-8-1993 to 16-9-1993 due to pain in the joint of his foot. He was admitted in Latif Memorial Hospital, Hyderabad and was advised 2 month's rest. When respondent rejoined on 14-11-1993 he was told that the enquiry had been proceeded with ex parte against him and he had been dismissed from service. The learned Labour Court found that a few instances of absence or leaving Headquarters for and on account of visiting the Head Office and regarding the charge of coming late in Karachi Head Office, the fault was of the conveyance provided by the Steel Mill and not misconduct of the respondent, nor could the absence on account of surgery of his foot be regarded as a misconduct. He accordingly set aside the order of dismissal and reinstated the respondent. The learned Advocate for the Steel Mill Mr. Amanullah Agha has firstly argued that since the dismissal from service was individual grievance and not an Industrial dispute, the Labour Court could not entertain the grievance petition. But section 25-A of the I.R.O. Is not confined to Industrial dispute alone. Any workman aggrieved by the dismissal has a right to file a grievance petition. He has next argued that the learned Labour Court has not considered other minor charges in the charge-sheet such as leaving Headquarters etc. But these minor B charges under Standing Order 15 of the Standing. Orders are not punishable as misconduct resulting in dismissal. The respondent had 17 years service to his credit and he could not be got rid off in this manner. I accordingly find no substance in this appeal which is dismissed in limine.