Updated: Thursday January 14, 2010/AlKhamis Muharram 29, 1431/Bruhaspathivara Pausa 24, 1931, at 07:12:18 PM

Course Contents:

1. The West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

Book Recommended:

1. Labour Code of Pakistan by M. Shafi and P. Shafi.

Charge Sheet on the base of “Misconduct: Following the Charge Sheet on the base of “Misconduct”:

Mr. Jamil Riaz Khan

Fabricator

Dawood Chemical Industries Limited

Muredkey

RAWLAKOT.

May 23, 2002

Subject: Charge Sheet on “Misconduct”.

1. You were granted leave for ten (10) days with effect from May 01, 2002. You were required to report yourself on duty on May 11, 2002.

2. You have not reported yourself on duty upto May 22, 2002, and remained absent willfully without sanction of leave for twelve (12) days.

3. This act on your part constitutes misconduct under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

4. You are hereby directed to explain your position in writing within ten days of issuance of this charge sheet as to why action should not be taken against you under relevant provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

5. In case you fail to submit your written reply within stipulated period, ex parte action shall be taken against you.

Muhammad Shahnawaz Nizami Naqshbandi Latifi

Senior Manager Human Resources

Modes of payment of gratuity u/s 12: Following are the different modes of payment of gratuity:

1. By Commissioner when worker dies:

2. Payment to dependents:

3. By employer when worker survives:

4. Application to Commissioner when employer fails:

5. Upon termination:

6. Within two days upon termination:

7. Upon resignation:

8. One month’s wages:

9. Average of three months’ last drawn:

10. Eligibility after six months:

Procedure of retrenchment u/s 13: Following procedure of adopted for retrenchment (downsizing) of the workers:

1. Right of the employer:

2. When retrenchment is conducted:

a) Close down of establishment:

b) Close down of department:

c) Extinction of post:

3. Junior most is retrenched first:

4. Right of service certificate u/s 19:

Re-employment of the retrenched worker u/s 14: Worker once retrenched can be re-employed according to the following procedure:

1. Only within one-year procedure: Worker once retrenched can be taken back on employment provided he is required back within one after his retrenchment.

2. Offer through registered mail:

3. Offer to senior most first:

4. Preference to whom rejoins within 10 days where seasonal factory is:

5. Registered mail within 10 days where no one rejoins in case of seasonal factory:

6. One year provision in case of construction work:

Powers and functions of Inspector u/s 23 – D: Following are the powers of Inspector:

1. To enter in premises:

2. To make examination of document:

3. To make examination of registers:

4. To take evidence on spot:

5. Call for information from Management:

6. To report to Registrar:

7. Any other power:

Functions of Works Council u/s 25: Following are the powers of the Works Council:

1. To promote relationship:

2. Maintain sympathies among all:

3. Bilateral negotiation:

4. Settlement of disputes:

5. Security of employment:

6. Condition of safety:

7. Job satisfaction:

8. To encourage vocational training:

9. Measures for harmonious working:

10. Educational facilities for children:

11. Discuss mutual interest matters:

Kinds of workmen u/s 2(i): Following are the kinds of the workmen:

1. Permanent: One who continuously works for more than nine months on permanent job.

2. Probation: It is transitory period of three months.

3. Badlis:

4. Temporary: Maximum period for temporary workers is nine months.

5. Apprentices:

Definition of worker: Following points are considerable in the determination of workman:

1. Skill:

2. Unskilled:

3. Manual work:

4. Clerical work:

5. Nature of work:

6. Disregard of designation and salary:

7. Employment in industrial and commercial establishment:

8. Work for hire:

9. Work of reward:

Punishment to worker on misconduct u/s 15: Following are the punishments:

1. 3% fine in a month: s

2. Withholding of increment: It is withheld for a maximum period of one year.

3. Withholding promotion: This punishment also cannot be extended for a period of one year.

4. Reduction to lower post: He can be reverted to lower post.

5. Dismissal without compensation: Where worker is guilty of misconduct, he can be dismissed without compensation.

Samples of Show Cause Notices

Mr. Muhammad Ajmal

(Driver)

Adil Textile Mills Limited

SHEIKHUPURA.

AD/49/8974

February 19, 1998

Subject: Show Cause Notice.

This refers to the following warning issued to you on negligence in sub-ordination on your part:

Memo No. AD/35/001 Dated 22-12-1994

Memo No. AD/89/002 Dated 24-01-1995

Memo No. AD/36/003 Dated 18-04-1995

Letter No. AD/48/1940 Dated 22-12-1996

Memo Dated 07-05-1997

Warning Notice AD/56/5009 Dated 09-06-1997

On 13-02-1998 you left from site at 1515 hours to drop Mr. Muhammad Ali and Mr. Javed Qadri at Pearl Continental Hotel (The Mall Lahore) you reached at site on 1915 hours (Gate Pass attached). On the way to Pearl Continental, in-spite of some stoppages by Managers, you dropped them at 1645 hours. You should have reached at site latest by 1800 hours but you reported on 1915 hours.

Your above action comes under the violation of rules and as such constitutes an act of “Misconduct”. You are hereby called for an explanation within three days on receipt of this letter as to why disciplinary action should not be taken against you. In case of failure, further action will be initiated according to law.

Manager Human Resources

Enclosure (as above)

Mr. Muhammad Nazir

(Driver)

ICI Dulux Limited

LAHORE.

AD/89/

February 19, 1998

Subject: Show Cause Notice.

It has been reported against you that on ______________, you had been sent to Head Office to shift some ___________________, by KIA Truck (LXC-0000). You reported to Assistant Manager Administration, Mobeen Ali Khan that you have observed mobil oil leakage from the engine side and oil consumption also. Assistant Manager advised you get you truck checked from the _________________________, before leaving for site. But instead of following the lawful instructions of your officer, you did not get you truck checked at the designated workshop not report at Head Office rather you directly approached to site and also claimed a bill amounting to Rs. ------------, for unauthorized purchase of six liter mobil oil.

This act of yours tantamount to gross misconduct under the labour law. You are therefore directed in your own interest, to submit your explanation in writing within seven days of receipt of this notice as to why disciplinary action should not be taken against you.

In case you fail to submit your reply within the stipulated period, it will be assumed that you have nothing to explain/produce in your defence and further action will be taken against you according to the law.

Manager Human Resources

Enclosure (as above)

Syed Akhtar Abbas Khan

Officer (Mechanical Supervisor)

Pak Electron Limited

LAHORE.

Subject: Show Cause Notice.

Ad/89/95687

April 14, 1998

Dear Sir,

This refers your application for earned leave from March 25, 1998 to April 07, 1998, for two weeks.

You left the site without approving this leave by your manager.

You were directed to resume your duty immediately vide this office letter No. HR/00/9351, dated March 27, 1998.

You were again directed to resume your duty immediately vide this office letter No. HR/00/9367, dated April 03, 1998.

Both of the above letters were sent to you by Courier Service on your given postal address.

You failed to comply with the instructions and availed unauthorized leave mentioned above.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not be taken against you.

If you again fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Muhammad Umar Farooq Kalyar

Manager Human Resources

c. c.: 1. Divisional Manager Engineering

2. HRD (Site)

Mr. Anjum Ali Bokhari

Instrument Technician

Ittehad Chemicals Limited

SHEIKHUPURA.

AD/89/564789

June 10, 1998

Subject: Show Cause Notice.

Dear Sir,

This refers your leave application form dated April 25, 1998, requesting for sick leave from April 14, 1998 to April 21, 1998 for 8 days.

In support of your sickness, you submitted medical certificate issued by Dr. Amir Khursro, Satellite Town, Rawalpindi, dated April 16, 1998.

During the course of scrutiny it has been found that the medical certificate submitted by you is not genuine and has not been issued by the signing authority.

Your above action is against the law and as such constitutes an act of misconduct.

You are, therefore, required to explain within one week as to why disciplinary action should not be taken against you.

If you fail to submit your reply within the given period, further action will be taken against you ex-parte.

With best regards,

Pir Ali Gohar

Manager Human Resources

c. c.: Human Resources Department (Site)

Mr. Muhammad Anjum Gardezi

Junior Instrument Technician

Hayat Textile Mills Limited

SHEIKHUPURA.

AD/89/5698

June 24, 1998

Subject: Show Cause Notice.

Dear Sir,

You were directed to perform preventive maintenance on TC-3401 on June 22, 1998, during re-installing of the transmitter on the DOP Plant. The transmitter was damaged because of your negligence/mishandling of the instrument.

Your above action comes under negligence of duty and as such constitutes an act of misconduct.

You are, therefore, required to submit your written reply against the above mentioned negligence as to why disciplinary action should not be taken against you.

Your reply should reach to this office within seven days of the receipt of this letter, failing which further action will be taken against you according to the law.

With best regards,

Zafar Ullah Khan Khokhar

Divisional Manager Human Resources

c. c.: 1. Manager Instrument

2. Human Resources Department (Site)

Mr. Anwar Chattha

Chak No. 35/G. D.

Mujahid Pura

OKARA.

AD/15/

July 13, 1998

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since May 24, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not be taken against you.

If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Ch. Munawar Masood Heera

General Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Javed Iqbal Chohan

Chak No. 57/1-L

Tehsil Renala Khurd

OKARA.

AD/89/

July 13, 1998

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since June 10, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not be taken against you.

If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Muhammad Aftab Mirza

General Manager Administration

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Khalid Mahmood Buttar

Chak No. 98/I-L

Tehsil Renala Khurd

OKARA.

AD/89/6598

July 13, 1998

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since June 10, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not be taken against you.

If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Rana Muhammad Amin Sagar

Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Khaliq Mehmood

C/o. Azeem Electronics

Narowal Road, Daska

SIALKOT.

AD/89/78954

July 17, 1998

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since July 01, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not be taken against you.

If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Ch. Zafar Iqbal Cheema

Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Mazhar Iqbal Khan

149/R. B. (East)

Tehsil & District – FAISALABAD.

AD/89/65987

December 22, 1998

Subject: Show Cause Notice.

Dear Sir,

This refers your leave application form dated November 21, 1998 to December 04, 1998, requesting for sick leave for 14 days. Neither your manager has approved your application nor you resumed your duty to date. Also you have not intimated to this office that as to why you have been absent from your duty.

Your above action is against the law and as such constitutes an act of misconduct.

You are, therefore, required to explain within one week as to why disciplinary action should not be taken against you.

If you fail to submit your reply within the given period, further action will be taken against you according to the law.

With best regards,

Muhammad Azam Bhatti

Manager Human Resources

c. c.: 1. Manager Quality Control.

2. Human Resources Department (Site).

Mr. Muhammad Tariq

Plant Operator

Paktel Limited

SHEIKHUPURA.

AD/89/56987

February 17, 1999

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since December 01, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not be taken against you.

If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

M. Zeeshan Akbar Khan

Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Muhammad Ghafoor

Village Kujjar

Deara Wakeel Wala

P. O. Farooq Abad

SHEIKHUPURA.

AD/89/11267

March 16, 1999

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since February 25, 1999, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to resume your duty immediately and submit your reply in writing within seven days as to why disciplinary action should not be taken against you.

If you fail to resume your duty and reply this letter, further action will be taken against you according to the law.

With best regards,

Waqas Ahmed Ch.

Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Muhammad Akmal Naushahi

(Driver)

Personal No. 2054

ICI Pakistan Limited

SHEIKHUPURA.

Your reference:

Our reference:

AD/1254/9874

Date:

June 13, 2K

Subject: Show Cause Notice.

It has been reported against you that on June 09, 2K, you were deputed to shift some chemicals to Head Office by KIA truck (LXC – 2010). After unloading the luggage you reported to Akram Shah Durrani, Assistant Manager Marketing, regarding over consumption of engine oil and some leakage of oil from engine. The concerned officer ordered you to get the engine checked from KIWI MOTORS as the same workshop had overhauled the same engine earlier on. You were categorically asked by the concerned officer to inform him regarding the report from the KIWI MOTORS so that suitable action could be taken regarding the repair etc. But you neither got the engine of the truck checked from the KIWI MOTORS nor reported to the officer concerned at Head Office. You, rather returned to site and presented a bill worth Rs. 360/- for Mobil Oil, which you were not authorized to purchase without permission.

You have been found guilty of non-compliance of lawful orders of your senior officer and your act tantamounts to gross misconduct under the labour laws. You are therefore, directed in your own interest, to submit your explanation in writing within seven days of receipt of this notice as to why severe disciplinary action should not be taken against you.

With regards,

Mohsin Gilani

Human Resources

c. c.: 1. Manager Administration, Site.

2. Industrial Relations Department – Site, for information.

Mr. Farooq Langriyal

Manager Production

Yamaha Motorcycles Limited

SHEIKHUPURA.

Your reference:

Our reference:

YML/26598

Date:

August 29, 2K

Subject: Show Cause Notice.

It has been reported against you that on August 21, 2000, you were performing the duties as Shift In-charge. At about 23:30 hours Mr. Muhammad Nameer, Plant Operator, Personal No. 1056, reported to you about the over pressure at R-4. Due to this negligence under your command and control a material loss amounting to Rs. 30,000/- to 35,000/- approximately took place. Instead of communicating this incident to the Management through log book/cooking book or verbally you tried to conceal the loss and destroyed/flushed all the defective material in process through the drain and covered that drain by the empty P. A. Bags.

It is revealed from the above facts that this loss occurred due to your negligence and poor control. You are fully responsible for this loss being the Shift In-charge. By not reporting this incident to the Management you not only violated the rules and regulations of the Company but also found guilty of breach of trust.

You are therefore, directed in your own interest, to submit your reply in writing within seven days of receipt of this notice as to why disciplinary action should not be taken against you.

In case you fail to submit your reply within the stipulated period, it will be assumed that you have nothing to explain/produce in your defense and further action will be taken without any reference to you.

Mudassar Kiyani

Human Resources

c. c.:

Director Operation

Divisional Manager Yamaha Motorcycles Limited

Senior Manager Production Yamaha Motorcycles Limited

Industrial Relations – Site – FYI.

Personal File

Mr. Abdul Latif Chohan

Driver

Personal No. 58

Mintgomary Pan Masala

LAHORE.

Your reference:

Our reference:

MPM/5887/25987

Date:

November 27, 2K

Subject: Show Cause Notice.

On November 23, 2000, you were detailed as driver on car LOP – 3654. You went to Shahdarah with Mr. Noreez Shakoor on official duty. On the move back to office, you met with an accident near Minar-e-Pakistan. As per written report from Mr. Noreez Shakoor, you hit a stationary vehicle in the rear when that the vehicle was parked on the roadside. As a result of the accident following damages occurred to the Company car:

a. Front side bumper got damaged.

b. Left hand side indicator broken.

c. Left hand side parking light broken.

d. Right hand side indicator stopped functioning.

When you were asked by Ali Ahmed Khan as to how the accident took place, you gave a false statement. You informed him that you applied emergency brakes, when a wagon stopped suddenly in-front of you. The car didn’t stop on application of brakes, but hit the vehicle in-front due to slippery road as it was raining heavily.

The circumstances in which this accident took place indicate that at the time of accident you were driving negligently and carelessly, regardless of bad weather or road condition.

You are required to explain as to why a strict disciplinary action should not be taken against you for causing the damage to Company property and making a false statement.

Your reply to reach the undersigned by November 30, 2000, positively.

Pervaiz Ali Shakoori

Human Resources

Mr. Muhammad Faisal Majeed

Ward No. 17, Nankana Road Shahkot

Tehsil Ahmadpur

SHEIKHUPURA.

Your reference:

Our reference:

AD/4587/87965

Date:

July 09, 2002

Subject: Show Cause Notice.

You were found absent from your duty without leave since April 23, 2002. You were also directed to report on duty vide our letter no. HR/00/, dated May 28, 2002, but you are still absent without any intimation.

Your this act tantamounts to gross violation of the rules and regulations.

You are therefore, directed in your own interest, to submit your explanation in writing within seven days of receipt of this notice as to why disciplinary action should not be taken against you.

In case you fail to submit your reply within the stipulated period, it will be assumed that you have nothing to explain/produce in your defense and further action will be taken against you according to the law.

Riaz Paracha

Human Resources

Mr. Abdul Riaz Basra

(Welder)

C/o. Nayyar Group of Industries

SHEIKHUPURA.

Subject: Show Cause Notice.

It is levelled against you that you had submitted to Human Resources Department, Plant Site, a Maternity Bill from Khan Hospital, Sheikhupura, amounting to Rs. 16,000/- (Rupees sixteen thousand only) which was found fake upon inquiry. An Explanation letter was issued to you on May 20, 2003, requiring the reasons within seven days. Despite two weeks has been passed but your explanation has not reached to the undersigned. Hence this Show Cause Notice.

You are therefore once again directed in your own interest, to submit your explanation in writing within seven days of the issuance of this Show Cause Notice as to why severe disciplinary action should not be taken against you.

Munir A. Sheikh

See the Labour Inspection under this Law.

See the Declaration Form under various Labour Laws.

Back

Go to Index | LL. B. – I | LL. B. – II | Laws | Home