| Case ID |
036d8f41-cf7d-4a6b-826a-05388f66df82 |
| Body |
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| Case Number |
HYD-873 of 1980 |
| Decision Date |
|
| Hearing Date |
Apr 14, 1981 |
| Decision |
The appeal was dismissed. The Labour Appellate Tribunal upheld the decision of the Labour Court regarding the dismissal of the appellant, who was employed as a Four Sider at the respondent's establishment. The Tribunal found that the dismissal was executed in accordance with the provisions of the Industrial Relations Ordinance, specifically section 47, which necessitates prior permission from the Labour Court for dismissing an office-bearer of a Trade Union during an industrial dispute. The Tribunal concluded that the dismissal orders were valid as they were issued after the dismissal of the industrial dispute and that the proceedings of the Labour Court were deemed concluded at the time of the dismissal. The findings of misconduct against the appellant were supported by adequate evidence presented during the domestic inquiry, and the appeal did not challenge the merits of the decision but rather the procedural aspects, which were found to be compliant with the law. |
| Summary |
This case revolves around the dismissal of an employee, an office-bearer of the Cofcot Textile Mills Peoples Union, during the pendency of an industrial dispute. The key legal issue was whether the dismissal complied with the Industrial Relations Ordinance, particularly section 47, which requires permission from the Labour Court for such actions. The Tribunal examined the timelines of the dismissal and the industrial dispute, concluding that the dismissal was valid as it occurred after the industrial dispute was resolved. The evidence presented during the domestic inquiry was deemed sufficient to establish misconduct, and the appeal was dismissed, reinforcing the procedural integrity of the Labour Court's decision. This case highlights the importance of adhering to legal requirements when dealing with labor disputes and the rights of union representatives, ensuring fair treatment under the law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
Z. A. CHANNA,
ABDUL KHALIQUE
|
| Lawyers |
Wasiullah Qureshi,
Ghulam Hassan
|
| Petitioners |
MESSRS COFCOT TEXTILE MILLS LTD., HYDERABAD
|
| Respondents |
Not available
|
| Citations |
1982 SLD 1469,
1982 PLC 302
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
47,
41 (4)
|