This order will dispose of a petition under section 25 (a) of the Industrial Relations Ordinance, 1969 submitted by Muhammad Umar Khan, petitioner working as Mali in Tribal Textile Mills Ltd., Dera Ismail Khan. The petitioner was dismissed from service by the Manager. Tribal Textile Mills Ltd., Dera Ismail Khan on the ground that he remained absent from duty from 9th July 1976 to 27th July 1976.
He was found guilty of misconduct and thus the Labour Officer recommended his dismissal from service under section 15(3) (e) of the Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968 (herein referred as Standing Order). The petitioner's contention is that he bad fallen ill and had sent application to the Management alongwith the-- certificate of the doctor which the Management refused to receive and directed: him to send another application on plain paper which was accordingly sent. After the recovery from illness he had gone to resume his duties but was not allowed and lastly his services were terminated. The petitioner, therefore, has filed this petition under section 25 (a) of the Ordinance.
3. The Manager, Tribal Textile Mills Ltd., Dera Ismail Khan through his counsel L. Muhammad Aslam Khan, Advocate submitted written statement denying all the allegations.
4. Parties were directed to produce evidence. Petitioner produced four witnesses, whereas from the respondents side no evidence was produced. Mr. Abdur Razzaq Khan, Advocate for the petitioner and L. Muhammad Aslam Khan, Advocate for the respondent were heard and record perused.
5. It is admitted fact between the parties that petitioner was posted as Mali on 2nd July 1974 in Tribal Textile Mills Ltd., Dera Ismail Khan. He was dismissed from service by the respondent on the 'ground' that the remained absent from duty from 9July, 1976 upto 20th July 1976. Petitioner's, contention is that he had fallen ill and had sent the application for leave to the Management' butth the same was not entertained. There is sufficient evidence from the petitioner's side toy show that he had fallen ill and was under treatment of. Doctor Fazalur Rehman who gave certificate Exh. P. B. to the petitioner. The respondent has passed orders of dismissal of, the petitioner under section 15(3)(e) of the Standing Order. Now the question would be as to whether the Management had complied with the provisions of law referred to above while dismissing the petitioner. A careful reading of section 15 of the Standing Order would reveal that order of dismissal of the petitioner was made in utter disregard of the provisions of law. Clause.(4) of section 15 of the Standing Order lays down that no order of dismissal shall be made unless the workman concerned is informed in writing of the alleged misconduct and is given an opportunity to explain the circumstances alleged against him. Again the law provides that the Employer shall institute an independent enquiry before dealing with toe charges against a workman. Then there is a proviso to sub-clause 4 of, section 15 of. the Standing Order that the Workman proceeded against may, if he so desires for his assistance in the enquiry, nominate any workman employed in that Establishment and the Employer shall allow the workman so nominated to be present in the enquiry to assist the workman proceeded against and shall not deduct his wages if the enquiry is held during his duty hours. In the present case no opportunity was given to the petitioner nor an enquiry was held against him.
The petitioner was not given any opportunity to nominate any workman to be present, in the enquiry. The Dismissal Order of the petitioner was, therefore, not in accordance with clause 4 of section 15 of Standing Order. Mr. Abdul Razzaq Khan, Advocate has wrongly referred to section 12 of the Standing Order wherein the procedure for termination of permanent workman is given. The petitioner's service was terminated under clause (e) of subsection (3) of section 15 of the Standing Order and the procedure while taking such action is, given in clause 4 of section 15 of-the Standing Order. Since no such procedure was adopted in the case of the petitioner, therefore, petitioner's dismissal from service is illegal. This application of Muhammad Umer, petitioner is, therefore, accepted and his Dismissal Order is declared illegal. He would be deemed to be on duty from 9th July 1971 upto present time entitled to all the benefits including pay, etc. Two copies of the judgment be sent to the Provincial Government as required under section 37 of the Industrial Relations Ordinance, 1969.