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THE ROAD TRANSPORT CORPORATION, LAHORE vs LAL KHAN — 1968 PLC 476

Citation: 1968 PLC 476

Court: Labour Appellate Tribunal

Year: 1970

Decision Date: 1970-06-09

Parties: THE ROAD TRANSPORT CORPORATION, LAHORE vs LAL KHAN

Headnotes

Case cited as 1968 PLC 476

Judgment Text

Court Name: Labour Appellate Tribunal Judge(s): Inamullah Khan Title: THE ROAD TRANSPORT CORPORATION, LAHORE vs LAL KHAN Case No.: Date of Judgment:1970-06-09 Reported As: 1971 PLC 210 Result: N/A Judgment ORDER This is an appeal against an Order dated the 3rd of February 1970 of the learned Labour Court (Central Zone), Lahore, whereby the Court ordered the re-instatement of Lall Khan on the ground that he was given only a routine show-- cause notice without the Enquiry Officer's report and ordered the re-instatement of Lal Khan with full back benefits. Mr. Naz, the learned representative for the respondent contends that the order of dismissal of Lal Khan was bad not only on the ground that the show-cause notice was not accompanied by the Enquiry Officer's adverse report but also on the ground that no case was made out within the meaning of Standing Order 15 (3) (a) of 1968. It reads as under: "The following acts and omissions shall be treated as misconduct- (a) Wilful insubordination or disobedience, alone or in com--bination with others, to any lawful and reasonable order of a superior." Relying on the above provision of law, Mr. Naz has raised two contentions namely that on the evidence on record it cannot be said (1) that the disobedience was wilful and (2) that the order to the Driver to issue tickets was not reasonable. 1 propose to dispose of these points separately. Whether the disobedience of the order was wilful or not is question of fact. Me disobedience of an…

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