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Petition No. MI‑113 of 1984, decided on 28th May, 1984.

‑‑‑‑S. 38 (5)‑Reinstatement‑Contempt of Court‑Workman when dismissed was Incharge of Fair Price Shop and this fact is borne record of lower Court‑Such workman ordered to be re‑instated to his service and posted as Incharge Fair Price Shop‑No contempt of Court committed in observing order of Court in this behalf Petition dismissed.

Petitioner in person.

Ismatullah for Respondent.

Date of hearing : 23rd May, 1984.

This is a petition udder section 38(5) of the Industrial Relations Ordinance, 1969 for punishing the respondent for contempt of Court for the reason that on reinstatement in service by the Court he was not given duty as M. T. O. but was in a lower grade posted as Incharge Fair Price Shop.

2. At the time of dismissal the petitioner was Incharge Fair Price Shop as is evident from the dismissal letter addressed to the petitioner, which is on the learned lower Court's file. At the time he was charge‑sheeted, no doubt, he was M. T. O. but since at the time of dismissal, he was Incharge A Fair Price Shop, he was rightly posted on the said post after the order of dismissal was set aside by the learned lower Court. If the petitioner consi ders that he was before dismissal wrongly posted as Incharge Fair Price Shop he should have separately challenged the order of posting but no violation of the order of reinstatement has been made.

3. As a result, the petition is dismissed.

M. Y. M.

Petition dismissed.

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