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Application No. 237 of 1968, decided on 7th January 1969.

---S.O. 15(5)‑Suspen sion‑Provision of S. O. 15(5) not exhaustive covering all types of cases‑Workman arrested formally, granted bail, and facing criminal trial involving moral turpitude‑Suspension of such work man (office‑bearer of Workers' Union) for indefinite period till decision of criminal case, held, no violation of S. 37, West Pakistan Industrial Disputes Ordinance, 1968‑West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 37.

Syed Mohammad Iqbal Shah for Petitioner,

Farasatmand Khan for Respondent.

This is an application under section 38 of the West Pakistan Industrial Disputes Ordinance. 1968, preferred by Noor Mohd. Faiz. Booking Clerk of the Government Transport Service, Dera Ghazi Khan. He has prayed for the cancellation of the order of his suspension and has asked for re‑instatement. He impleaded the District Manager of the Government Transport Service, Dera Ghazi Khan and the Chairman, Road Transport Corporation, Labour as respondents. Subsequently, however, he withdrew the application, so far as it concerned, the Chairman of the Road Transport Corporation.

The facts of the case are, that on 15‑I1‑1967, Mahboob Elahi Azimi, Accountant and Mr. Hafiz‑ud‑Din, Deputy Accountant, carried out a physical check of the cash and tickets of the petitioner. They detected a serious fraud in his documents. The matter was reported to the Police, whereupon a case under section 409, P. P. C. was registered against him at Police Station D. G. Khan. Although he had been granted interim bail by the High Court, he was placed under formal arrest by the Police, the information of which was conveyed to the Department on 30‑1‑1968. On the receipt of this information, the petitioner was placed under suspension vide office order No. 3083 dated 30‑1‑1968.

The parties were allowed to adduce evidence. They have declined to do so. Arguments have been heard.

The contention of the petitioner is, that the order of his in definite suspension is wrong in law, as under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, he could be placed under suspension at a time only for a period of four days. The contention appears to have no force. Clause 5 of Standing Order No. 15 envisages suspension of a workman during domestic enquiry. It does not cover all sorts of suspensions and especially suspension in a case, where a., workman has been sent up to stand his trial before a criminal Court. The case against the petitioner is now pending trial in the Court of the Additional District Magistrate, Dera Ghazi Khan. The charge against him is of a serious nature and involves moral turpitude. If proved, it would not entitle him to re‑instatement in service. In such circumstances, in my view, it is open to the Management to suspend him for an indefinite period. To hold otherwise, would not only embarrass the Management but endanger the working of the Service, in which he is employed, to a considerable extent. I thus hold, that suspension under these circumstances is not covered by the Standing Orders Ordinance which are not exhaustive and do not cover ‑all types of cases. Thus no illegality was committed and no violation of the pro visions of section 37 of the W. P. Industrial Disputes Ordinance, 1968, took place, when the petitioner was suspended for an indefinite period. It can last till the case pending against him in the criminal Court is decided. If eventually he is acquitted, I am sure, he would automatically be re‑instated and paid for the period that he has remained under suspension.

For the foregoing reason, I find no force in the application and the same is hereby dismissed.

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