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Appeal No. GT‑339 of 1984, decided on 15th July, 1984.
‑‑ S. 25‑A‑Grievance petition for being taken on duty‑Appellant refusing to obey orders for performance of his duty treated absent for purposes of pay‑Held: Such employee cannot be said to be present for doing his duty‑Mere physical presence is not sufficient when one refuses to do his duty‑Grievance petition dismissed Order of dismissal of grievance petition upheld by Tribunal.
Ch. Fazal Elahi for Appellant.
Date of hearing : 10th July, 1984.
The above captioned appeal arises from the decision, dated 21st May, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, whereby the grievance petition of the appellant for a direction to the respondent that illegal lockout be set aside and the appellant be taken on duty, was dismissed.
2. The members of the running staff are called through callmen 2 hours before they are given duty. The appellant is a callmen but he refused to call the members of the running staff, who do not reside in railway quarters but reside at a distance of about one mile. His case is that it is not his duty to call the members of the running staff not residing in quarters. This is not his case that for calling such members of the running staff some other callmen has been appointed by the Railways. He has produced letter Exh. P‑1 but it has no evidentiary value as neither it is original nor certified copy. According to R.W.‑1, the appellant has been provided a bicycle and it is his duty to call the members of the running staff from their houses. Since the appellant refused to obey the order of calling the members of the running staff, he is being rightly treated as absent for the purpose of pay. He has not been locked out. An employee who refuses to do his duty cannot be said to be present in his A duty. Mere physical presence is not sufficient when one refuses to do duty. The petition has been rightly dismissed.
3. As a result, the appeal fails and is dismissed in limine.
M. I.
Appeal dismissed.
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