DECISION This appeal is directed against the order of the 1st Sind Labour Court, Karachi dismissing the grievance petition of the worker Muhammad Khurshid filed against Fazal Textile Mills for reinstatement in service.
2. The facts are that the services of the appellant were terminated on charges of misconduct, that:- - (i)He paid excess payment of wages to three workers;'
(ii)He made appointment of workers himself; (i.e)He entered the name of workman Muhammad Ashraf in the Attendance Register when he was not on duty.
3. The Enquiry Officer sent his report that Time Keeper Muhammad Khurshid Anjum was guilty in respect of these charges and he had failed to explain any of these charges. A second show-cause notice was issued alongwith the enquiry report. The appellant in his reply stated that the Enquiry Officer did not care to examine his defence evidence' but he only repeated his allegations. That his so-called enquiry was illegal and against natural justice. In the order it was alleged that he was in the habit of marking the workers present when they were actually not working and his services were, therefore, terminated.
4. Mr. Mehboob Rizvi for the Textile Mills has not been able to show whether a regular enquiry was held and by what evidence the allegations were proved. The respondent Mills merely relied on the report of the Enquiry Officer in which no evidence was recorded. The learned Advocate for the respondent now takes the stand that the termination may be regarded under Standing Order 12 of the Standing Orders Ordinance but in this case there was a regular charge-sheet and stigma and a person cannot be terminated under Standing Order 12 for misconduct but under Order 15.
Obviously the enquiry is defective and Standing Order 15(4) has not been complied with.
5. The order of the Labour Court is accordingly set aside and the appellant is directed to be reinstated in service with back benefits.