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Appeal No. F. D.‑46 of 1984, decided on 9th March, 1985.
‑‑Misconduct ‑ Prescribing punishment‑Discretion of punishing authority‑Labour Court can neither reduce nor impose another kind of penalty‑Accused charged for using hot words against Security Inspector‑Dismissed from service‑Labour Court not stating that allegation did not amount to misconduct awarding reinstatement simply by observing that "this was a case of exchange of hot words so if opportunity of personal hearing had been given Manager may have only admonished accused" ‑‑ Order of Labour Court, in circumstances, set aside by Appellate Tribunal and case remanded for fresh decision‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A and 38 (3).
Khalid Farooq Qureshi for Appellant.
Respondent in person.
Date of hearing : 3rd March, 1985.
The decision dated 25th January, 1984 passed by the learned Presid ing Officer, Punjab Labour Court No. 5, Faisalabad has been challenged, whereby the respondent was directed to be reinstated in service with back benefits.
2. The allegation for which the respondent was dismissed was that he had used hot words against Muhammad Sharif, Security Inspector. The learned lower Court has not passed a speaking order. It is observed by in Court "this was a case of exchange of hot words with the Security Inspector, so if opportunity of personal hearing had been given, the Manager may have only admonished the respondent." It is not said that the allegation made against the respondent did not amount to mis conduct. In case of misconduct the punishing authority has the discre tion to prescribe punishment and Labour Courts cannot reduce or impose another kind of penalty. The case, therefore, is liable to be remanded for fresh decision according to law.
3. As a result, the appeal is accepted and setting aside the impugn ed decision of the learned lower Court, the case is remanded for fresh decision.
A. E.
Appeal accepted.
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