| Case ID |
041df4d3-353b-4f78-afbe-13face37ac4b |
| Body |
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| Case Number |
HYD-340 of 1982 |
| Decision Date |
Jul 29, 1982 |
| Hearing Date |
Aug 24, 1982 |
| Decision |
The appeal was directed against the decision of the learned Sixth Labour Court at Hyderabad, which set aside the order of removal from service of the appellant workman. The Labour Court found that the enquiry proceedings were flawed because the Enquiry Officer recorded the statement of the appellant and cross-examined him before examining the witnesses. The Labour Court allowed the respondents to hold a fresh enquiry within three months and made the appellant's claim for back benefits contingent upon the outcome of this new enquiry. The appeal was dismissed, affirming that the Labour Court's decision to allow a new enquiry was appropriate under the circumstances. |
| Summary |
The case revolves around an industrial dispute concerning the removal of a station master from service at Bubak Rai Railway Station due to alleged irregularities. The Labour Appellate Tribunal examined the procedural integrity of the enquiry that led to the removal. It was determined that the enquiry was improperly conducted as the Enquiry Officer had breached the principles of natural justice by cross-examining the appellant before the prosecution witnesses were heard. The Tribunal upheld the Labour Court's decision to set aside the removal order while granting the management an opportunity to conduct a proper enquiry. This case highlights the importance of adherence to procedural fairness in domestic enquiries within the framework of the Industrial Relations Ordinance. Keywords include 'industrial dispute', 'domestic enquiry', 'natural justice', and 'Labour Court'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Railways
|
| Judges |
Z. A. CHANNA,
S. M. NASEEB SHAH
|
| Lawyers |
Wasiullah Qureshi
|
| Petitioners |
PAKISTAN RAILWAYS
|
| Respondents |
2 OTHERS
|
| Citations |
1983 SLD 1710,
1983 PLC 729
|
| Other Citations |
Amin Jan v. N. v. De Meyer Zelzate 1980 P L C 294,
Messrs Ulbright (Pakistan) Limited v. Mirza Raees Ahmed 1981 P L C 360,
Islamabad Club v. Punjab Labour Court P L D 1980 S C 307
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25.A,
38
|