1. DECISION ' Respondent Afghan National Bank is a Commercial Establishment employing more than 20 persons. The appellant Fazal Qadir was employed by the Bank as a Delivery Clerk. His services were terminated but he filed his grievance petition before the Labour Court and he was reinstated in service.
2. ' He was then appointed as a Despatch Clerk. The appellant refused to work as a Despatch Clerk.
3. This was considered to be a misconduct for which he was given a show-cause notice but after that no enquiry was held as required under Order 15(4) of the Standing Orders Ordinance but his services were terminated under Order 12(3) of the Standing Orders Ordinance simpliciter. It has been laid down in a number of decisions that in case of misconduct his services could be terminated only under Order 15 and not under Order 12(3) of the Standing Orders Ordinance. These are totally different things and cannot be mixed up. The termination is, therefore, on the face of it illegal. The order of 5th Sindh Labour Court holding the termination simpliciter as legal and valid after issue of show-cause notice for misconduct, is accordingly set aside and the appeal is allowed. The appellant may be re-instated in service as a clerk with all back benefits. He cannot question his appointment as a Dispatch Clerk instead of Delivery Clerk as the post in both the cases carries the same pay.