DECISION ' Muhammad Jaseem workman of the Steel Mills was dismissed from service on April 28, 1958. He was, however, ordered by the Appellate Tribunal on 23-12:1990 to be re-instated in service. He was reinstated and transferred to I.M.D. Department. Thereafter, he was transferred to work as Caster on June 29, 1993. He, however, refused to work as Caster and refused to do his duty but slipped away.
He was given a show-cause notice and again asked to work as Caster but he again slipped away.
He was, therefore, charge-sheeted for disobedience of the orders and after usual enquiry he was dismissed from service for a second time on 5-8-1993. He again gave his grievance notice and filed a grievance petition. The learned Fourth Sindh Labour Court, Karachi, held that since the petitioner was given work which was not possible to be done by him he agitated against his assignment, he had not therefore committed any misconduct under Standing Order 15(3). He was, therefore, ordered to be reinstated in service with full back benefits. Against this order the Pakistan Steel Mills have preferred this appeal.
2. Mr. Ali Zeshan for the Steel Mills and Mr. Khalilur Rehman for the respondent are present.
3. Mr. Khalilur Rehman for the respondent has explained that Muhammad Jaseem was originally working as storeman. It was clerical job and he was not used to physical work in the steel casting.
He, therefore, applied to the authorities that he may be given work which a clerk could do as casting was such type of work which he had never done as he was not competent for it. Instead of re-transferring him to Store Department he was again charge-sheeted because the authorities were not satisfied with his order of reinstatement.
4. Mr. Zahid Hamid for the Steel Mills has absented himself and he has failed to represent the Steel Mills on this date of hearing. The, contention of Mr. Khalil-ur-Rehman appears quite reasonable that a clerk cannot do the casting work in the Steel Mills. This order of transfer had no justification.
5. Mr. Khalil-ur-Rehman states that now respondent Muhammad Jaseem has again been shifted to the Store Department and he is working there.
6. The order of the Labour Court is accordingly maintained and this appeal is dismissed.