DECISION ' Heard Mr. Raees Mushtaq for the Fauji Sugar Mills. The Advocate for the appellants had gone for religious tours but it is reported that he had since returned and is in Hyderabad. He has not chosen to appear in this Tribunal.
2. The facts are very simple. The General Manager, Fauji Sugar Mills dismissed the two appellants Chowkidars Muhammad Hussain and Khadim Hussain because of neglect of duty as they did not try to intervene and protect the management from assault by the workers. This order of dismissal was passed under section 12(3) of the Standing Orders Ordinance but Order 12 of the Standing Orders Ordinance applies only when the termination is for any reason other than misconduct. In this case the dismissal order was for misconduct on which the procedure is domestic enquiry as laid down in Order 15(4) of the Standing Orders Ordinance. But no charge-sheet was served nor domestic enquiry held. The order of dismissal was therefore in violation of Standing Order 15 and was set aside by the Labour Court. The Labour Court however permitted the management to proceed against the workers afresh under Standing Order 15. Against this the workers have come in appeal to the Tribunal. Meanwhile the management have charge-sheeted the workers and after following the proper procedure they have again terminated their service and they have again filed their grievance petitions in the Labour Court which are pending.
3. These appeals have therefore become infructuous and are accordingly dismissed.