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Appeal No. LHR‑169 of 1969, heard on 24th September 1969.

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (III of 1950),

----S. O. 13(4)‑Opportunity of hearing by Manager before pausing order of punishment‑Natural justice, principles of‑To be read in all enactments‑Workman desiring opportunity of hearing by District Manager (Road Transport Cor poration)‑District Manager, in circumstances, held, should have given such opportunity.

It is true that the provision of the Standing Order 13(4), Industrial and Commercial Employment (Sta1nding Orders) Ordinance 1960, does not cast any duty on the District Manager to hear the workmen before he passes any order of punishment. The short question is as to whether in the absence of anything specific under Standing Order 13(4) the District Manager should have given an opportunity to the workman to be heard if he so desires. In a series of cases the Supreme Court of Pakistan has held that the Principle of Natural Justice must be read its all enactments. The Principle of Natural Justice require that no one should be condemned without being given an opportunity to be heard. If the workman desired to be heard by the District Manager, the District Manager before depriving the workman of his livelihood should have given him an opportunity to put before him the circumstances in justification of the innocence. It would be sufficient compliance of the law if the workman is heard either orally or the workman had submits‑ his defence in writing. In short from the order of the District Manager it must appear that the workman was heard before he was condemned or that an opportunity was given to the workman for bearing but he did not avail of it.

‑--Re‑instatement ‑ Road Transport Corporation case‑‑Dismissal order by District Manager set aside by Industrial Court as bad fn law for want of opportunity of hear ing‑Re‑instatement ordered by Industrial Court, in circumstance; up held‑Case‑law discussed.

In the present case if the order of the District Manager is set aside the workman is relegated to his old position. At the time when the District Manager passed the order dismissing him from service the workman was in the service. If the order of District Manager therefore is set aside the workman will be rele gated to his old position and would be entitled to tote wag" that he may have drawn in the absence of any order by the District Manager.

Naseerul Hasan for Appellant.

Mirza Nazeer Ahmad Naz for Respondent.

Date of hearing: 24th September 1969.

This is an appeal against an award dated the April 3, 1969. The impugned order was passed on an application under section 31 of the Ordinance, 1959, hereinafter called the Repealed Ordinance. The respondent was a conductor in the G. T. S., Lyallpur. He was charge‑sheeted for commission of certain acts of misconduct and after enquiry, was dismissed by the District Manager w.e.f. 14th of October 1966. The learned Chairman of the Industrial Court came to the conclusion that the respondent was not given a personal bearing by the District Manager and therefore the order passed by him and the subsequent orders passed in appeal and revision were bad in law. The learned Court came to the following conclusion. After considering para. 4 of Standing Order 13, 1 am of the opinion that, whether formal show-cause notice is issued or not, an opportunity of hearing must be given to a workman before an order is passed again him. Admittedly, in the instant case, the petitioner was not heard by the District Manager. The learned Chairman of the Court on the basis of the conclusion arrived at, ordered the v re‑instatement of the respondent with the observation that the t employer could pass fresh order after giving an opportunity to the respondent to be heard.

2. Mr. Naseerul Hasan, the learned Representative for the Corporation has raised two points before ate. He contended in the first place that the Standing Order 13(4) does not cast as duty upon the District Manager to give a personal hearing to the workmen. Standing Order 13(4) read as under :‑

"No order of dismissal shall be made unless the workman concerned informed in writing of the alleged misconduct and is given an opportunity to explain the circumstances alleged against him. The approval of the manager of the establish ment or where there is no manager, of the employer is required in every case of dismissal and, when circumstances appear to warrant it the manager or the employer may institute independent enquiries before dealing with charges against a workman".

It is true as contended by Mr. Naseerul Hasan that the above provision of the Standing Order does not cast any duty on the District Manager to hear the workmen before he passes any order of punishment. The admitted position is that after a workman is found to have committed any misconduct he is given a charge sheet in respect thereof. He is required to submit his explanation within a certain period of time. After the explanation is not found to be satisfactory an Enquiry Officer is appointed. The workman is afforded an opportunity to cross‑examine the witnesses for the Department and is allowed to produce his defence. After the conclusion of the enquiry the Enquiry Officer submits his report to the District Manager. If the Enquiry Report is against the workman he is given a further notice to show cause why a certain punishment should not be awarded against him. The workman submits his explanation and there after the District Manager passes the order. The short question is as to whether in the absence of any thing specific tinder Standing Order 13(4) the District Manager should have given an opportunity to the workman to be heard if he so desires. In a series of cases the Supreme Court of Pakistan has held that the Principle of Natural Justice must be read in all enactments. The Principle of Natural Justice require that no one should be condemned without being given an opportunity to be heard. If the workman desired to be heard by the District Manager, the District Manager before depriving the workman of his livelihood should have given him an opportunity to put before him the circumstances in justification of his innocence. It would be sufficient compliance of the law if the workman is heard either orally or the workman had submits his defence in writing. In short from the orders of the District Manager it must appear that the workman was heard before he was condemned, or that an opportunity was given to the workman for hearing but he did no avail of it.

3. The next point that Mr. Naseerul Hassan urged was that relying on a certain decisions of the High Court that the respondent should not have been reinstated. In the case relied upon by Mr. Naseerul Hassan the High Court came to the conclusion that the Appellate Authority had not given an opportunity to the workman to be heard. The High Court therefore set aside the order of the Appellate Authority and ordered the Appellate Authority to hear the workmen and then pass any order that it thought necessary. The High Court did not order re‑instatement of the workman. The case before the High Court is clearly distinguishable from the present case. In the present case if the order of the District Manager is stet aside the workman is relegated to his old position. At the time when the District Manager passed the order dismissing him from service the workman was is service if the order of District Manager there fore is set aside the workman will be relegated to his old position and would be entitled to the wages that he may have drawn in the absence of any order by the District Manager. In the case before the High Court if the order of the Appellate Authority was set aside the workman was relegated to the position that he was at that, time when the Appellate Order was passed. At the tie when the appellate order was passed the work man was not in service. In these circumstances I do not think that the order of the learned Chairman of the Industrial Court can be set aside. The appeal is dismissed.

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