DECISION ' This appeal arises from order of the 1st Sindh Labour Court, Karachi, whereby the grievance petition of Mehdi Hasan for re-instatement in service was dismissed.
2. The facts in brief are that appellant Mehdi Hasan was appointed as a Security Guard at the gate of the mills premises at the Cycle Stand. On the day of the alleged incident namely 25-8-1992 about 100 cycles were parked by the workers but when they came for taking away the cycles from 10-30 a.m. Till 1-00 p.m. The appellant refused to allow them to take the cycles. Even the Manager intervened and gave directions to the appellant Security Guard to release the cycles to the workers but he became rude and arrogant and did not obey orders of the Manager. He allowed the cycles to be removed only by 3-00 p.m. The appellant was then charge-sheeted and a domestic enquiry for disobedience and misconduct was ordered against him. It was proved that the appellant had disobeyed the orders of the Manager for no rhyme or reason and he acted in objectionable manner and committed a misconduct. He was then given another show-cause notice and dismissed from service. The appellant filed grievance petition under section 25-A of the I.R.O. Which was dismissed. He has accordingly appealed.
3. Since the appellant used to check the vehicles entering or leaving the mills premises, open or close the gate and check the passes he was doing manual work and he was a worker within the meaning of the I.R.O. He was found guilty of misconduct by the Enquiry Officer and he was dismissed after service of notice. He has not been able to show any ground for interference with the order of the 1st Sindh Labour Court, Karachi. The appeal is accordingly dismissed and the order of the Labour Court is maintained.