Misconduct | Law

Concept of misconduct

Certain acts and omissions have been declared to be actionable under the standing order no 15 of industrial and commercial employment ordinance 1968.  “Misconduct is an act prejudicially against the benefits of others” Any willful disobedience to any superior authority would amount the misconduct.

Theft fraud of misconduct 

Disobedience must be deliberate and intentional. Theft, fraud or dishonesty in connection with the employer’s business or property. Intentionally or deliberate damage or loss of employer’s goods or property shall be a misconduct. Taking or giving bribes or any illegal gratification shall be amount to misconduct. Habitual absence without leave or with leave for more than 10 days is misconduct. Habitual late attendance of the workmen by aggregate of fact is called the misconduct.

Presentation on misconduct

Definition of misconduct

 Any breach of law habitually made by the workman is called misconduct. Workman is liable to pay fine under payment and wages act 1936 up to 3 paisa per rupee of wagee. Increments or promotion for specific period not exceeding one year shall be with – hold as punishment. A workman may also be punished by way of dismissal from service without payment of any compensation. Following are the matters to be fulfilled for dismissal of a workman as his punishment.

The worker has knowledge of legal education then the worker can not violate the law. the worker has many facility to get legal education. If the worker can not obey this law then Charge sheet is the first step of punishing the workman with dismissal from service under Standing order no 15 (4). Purpose of charge sheet is to communicate the specific charge or charges together with the allegation. Charge sheet must be in written form. Language of charge sheet must be such which can be understood by the workman.

a- Charge sheet must contain full particulars of alleged misconduct.

b- The manner in which it is alleged to have been committed

c- Any other matter that is proposed to be taken into consideration

d- The final order passed on case

a- Name and designation of superior whose disobedience has been committed

b- Nature and particulars of orders disobeyed

c- Manner in which order was issued and disobeyed by workman

d- Time, place and date of alleged disobedience

Charge sheet must be issued within one month from commission of alleged misconduct. Workman shall be given an opportunity to explain circumstances of alleged misconduct against him. When reply to charge sheet is not satisfactory, the inquiry shall be held. In the end, the employer shall approve the dismissal order of a workman. The order of dismissal shall be nullity in the eye of law

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Functions Of Labour Court | education

concept of function of labor court

The labor courts u/s 48 of industrial relation ordinance 2010 has been established which secures the rights of both employer and workmen.

Labor court means a court established u/s 48 of industrial relation ordinance 201

Government may by notification in the official gazette establish labor court under industrial relation ordinance 2010.

Labour court

Appointment of presiding officer

A labor court shall consist of one presiding officer appointed by the government.

Presiding officer must be,

i- Qualified to be district judge or additional district judge

ii- Has been district judge or additional district judge

Functions of labor court

Following are the major functions of the labor court

Any dispute between,

a- Employer and employer

b- Employer and workman

c- Workman and workman

a- Dispute of employment or non-employment

b- Dispute as terms of employment

c- Dispute as to conditions of work

Chart of labor court

Labor court shall adjudicate any matter relating to the violation of a settlement. Labor court itself shall try offences under this ordinance or such other law enforce. The labor court shall deal with the cases of unfair labor practices on the part of employers and workers. Labor court can perform some other functions as may be conferred upon or assigned to it. Procedure of labor courts for trying the offences or performing functions shall be as follow. 

Labor court decide the case. It has the power of court to resolve the matter of workers. Latest cases are available in the monthly digests. the worker has right to file case in the labor court. Labor court shall follow the procedure as a magistrate of 1^st class specially empowered u/s 30 of code of criminal procedure 1898.

While adjudicating industrial dispute, labor court shall be deemed to be a civil court and shall have powers as are vested in such court under the code of civil procedure 1908. For filing a case in labor court no court fee shall be imposed.

If parties resolve their matter the labor court may allow withdrawn of such case.

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Commissioner | Law

Concept of commissioner

Commissioner is authorized to administer under the workman compensation act 1923. He is appointed by provincial government to perform various functions and settle the questions relating to workman compensation. Commissioner means a commissioner of workman’s compensation appointed under section 20.

Form of commissioner

Appointed of commissioner

i- Commissioner shall be appointed on the discretion of the provincial government.

ii- Area shall be specified for commissioner

iii- More than one commissioner may be appointed for one area. Every commissioner shall be a public servant within the meanings of Pakistan penal code 1860

Functions of commissioner

Commissioner resolves these types of questions,

i- As to whether injured is or is not a workman

ii- As to liability of person to pay compensation

iii- As to amount or duration of compensation

iv- As to nature or extent of disablement

Commissioner enjoys many powers as to awarding compensation and resolving questions relating to compensation, which are discussed as follow. It is the power to commissioner to make an order.It is the power of the commissioner to distribute compensation.It is the power to require statement from employer. 

Injury of worker

Tax payee pay the income tax. The tax payee file the return statement. It is the compulsory statement. It is the power to commissioner to transfer workman.It is the power to make an inquiry. Power to require deposit of compensation Power to act like a civil court  Power to receive costs. Where amount between employer and workman is settled for compensation, such agreement shall be registered by the commissioner. If commissioner is not satisfied about the adequacy of compensation, he may refuse registration.

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Rectification Of Mistakes |Law

Concept of rectification of mistakes

Mistake in the order of income tax authority can be obvious or a patent mistake. Being the subject of law for sec 221 of income tax ordinance 2001 a person can rectify those mistakes. A court’s acquit able correction of a contractual term that is mis-stated. Mistake is an error, misconception and misunderstanding.

Chart of rectify mistakes

Authorities to rectify of mistakes

Following are the authorities which are empowered to rectify the mistakes.

i- Commissioner of income tax

ii- Commissioner of income tax (appeal)

iii- Appellate tribunal

Nature of power of mistakes

Power of rectification can be exercise in the following manners i- Suo moto ii- On application Rectification of mistakes in the orders passed by the commissioner of income tax under finance act 2003 can be read along with it.Following procedure u/s 221 shall be followed for the rectification of mistake. Tax payer shall be brought into the notice of authority to rectify any mistake in the order of tax. 

Rectification of mistakes

Where mistake is to be rectified by commissioner (appeal) and tribunal, the notice shall be filed by the commissioner. Mistake shall be brought into the notice of the commissioner and apparent on the record. Where the rectifying authority is satisfied the order of rectification shall be passed. The authority rectifying the mistake shall observe all the principles of natural justice. Rectification can be made on the grounds of,

a- Excessive income in assessment

          b- Reduction in refund

Tax

The tax payer file the return statement.He calculates to file his statement in the federal board of revenue. It is compulsory statement to file income tax return. NAB has decides the cases. Before the expiration of financial year the mistake shall be rectified. When 5 years have been passed after the date of order, no such rectification shall be passed. Object of rectification is bonafide collection of tax.

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Retrenchment Of Workmen| Education

concept of retrenchment of workmen

Sometimes it happens that strength of labor force becomes surplus to requirement of management due to various reasons and management is forced to retrench the surplus. It is the termination of the service of workmen for a bonafide reasons and not as a punishment for misconduct.

Where any workman is to be retrenched the employer shall retrench the workman who is the last person employed in a categories. It is employer who can retrench the workmen. 

Retrenchment of workmen

Rule of retrenchment 

In the retrenchment the principle of last comes first go must be followed in a particular category of workman.

There are two categories of workmen in an establishment

i- Categories of workers

ii- Category of executives

Essentials of retrenchment

Following are the essentials for retrenchment

a- Retrenchment must be made bonafide

b- Court should not interfere until and unless melafide

c- Burden of proof is upon party urging melafide

Generally workers should not be retrenched from their service. In exceptional circumstances workers may be retrenched. Order of retrenchment must be in writing and explained to the workers . The reasons for taking an action for retrenchment must also be stated. Retrenched workmen are entitled to the re employment where proposes to take into employ any persons within a period of one year.

Strike of retrenchment of workmen

 A notice shall be sent to last known addresses of retrenched workmen.The retrenched workmen shall be given re employment on the basis of their interse senority. The workman shall report for duty within 10 days of the resumption of work. He shall be given preference for employment by the employer. 

The commissioner should be educated in Pakistan so that the worker may trained in the industry.If a workman retrenched in a construction industry due to completion seasation or mis-continuance for employment that workman shall be re employed within period 1 year for similar work under taken. The worker shall be deemed to have the continuance service of work but no wages shall be paid to him for the period of interruption

                  

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