| Case ID |
0025c404-cac8-42ce-aa16-d76458742844 |
| Body |
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| Case Number |
Application No. 148 of 1985 |
| Decision Date |
Apr 12, 1986 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled in favor of Nazir Ahmad Mallah, concluding that the ex parte dismissal from the Pakistan Steel Mills Corporation was illegal. The Tribunal determined that the management failed to properly notify the applicant of the domestic enquiry regarding his alleged absence. The absence was attributed to personal circumstances, including his wife's illness and the tragic death of his daughter. The Tribunal emphasized the need for fair and just findings in administrative procedures, highlighting the importance of adequate notice and opportunity to be heard in cases of alleged misconduct. As a result, the dismissal order was set aside, and the Tribunal directed the management to reinstate Nazir Ahmad with all back benefits and continuity of service. |
| Summary |
In the case of Nazir Ahmad Mallah vs. Pakistan Steel Mills Corporation Ltd., the Labour Appellate Tribunal addressed an industrial dispute involving the dismissal of the applicant from his position as a crane driver. The Tribunal scrutinized the procedural fairness of the domestic enquiry that led to the dismissal, focusing on the adequacy of notice provided to the applicant regarding the enquiry. The applicant contended that his absence from work was due to legitimate personal issues, including his wife's illness and the subsequent death of his daughter. The Tribunal concluded that the management had not taken sufficient steps to inform the applicant of the enquiry, thereby violating principles of natural justice. Ultimately, the Tribunal's decision set aside the dismissal, reinstating the applicant and ensuring he received all due benefits. This case underscores the legal obligations of employers to provide fair notice and a fair hearing in disciplinary matters, aligning with the established laws governing industrial relations and employment standards. Key legal terms include 'misconduct', 'domestic enquiry', 'absence without leave', and 'industrial dispute', which are critical in understanding the context and implications of employment law in Pakistan. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Steel Mills Corporation Ltd.
|
| Judges |
A.J. Bachani,
Nazir Ahmad Mallah
|
| Lawyers |
M.L. Shahani,
Kamal Mansur Alam
|
| Petitioners |
Nazir Ahmad Mallah
|
| Respondents |
Pakistan Steel Mills Corporation Ltd.
|
| Citations |
1986 SLD 2312,
1986 PLC 850
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Industrial Relations Ordinance, 1969
|
| Sections |
15(3)(e)
|