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Initializing Secure Chambers
Petitioner: DISTRICT MANAGER, KARACHI TRANSPORT CORPORATION, KARACHI VS Respondent: ZAHOOR AHMED and another
Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title:DISTRICT MANAGER, KARACHI TRANSPORT CORPORATION, KARACHI vs
ZAHOOR AHMED and another Case No.: Appeal No, KAR-265 of 1994 Date of Judgment:1996-03-11 Reported As: 1996 PLC 558 Result: Appeal dismissed Judgment DECISION ' Mr. Gul Muhammad Soomro, for the K.T.C. Present. Zahoor Ahmed has remained absent though served for this hearing. Mr. Rafiq Malik for the respondent remains absent for want of instruction. He states that he does not appear for Zahoor Ahmed and has not filed power for him. ' The brief facts are that the respondent remained absent from duty as conductor of the K.T.C. For one day. For their misconduct he was charge-sheeted and dismissed. Conductor being a workman under the Workmen's Compensation Act is not a civil servant under the definition of Civil Servants Act. Standing Orders Ordinance is, therefore, applicable to him. Under Order 15(3) the absence without leave to constitute misconduct, shall be for more than 10 days so he could not be dismissed under Standing Orders Ordinance. The Labour Court rightly reinstated him in services with back benefits. ' I can find no ground for interference with the decision of Labour Court. This appeal is accordingly dismissed.