| Case ID |
04bbe727-f1ae-40d6-84d4-2d22b8bed8a5 |
| Body |
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| Case Number |
HYD-442 of 1989 |
| Decision Date |
Nov 17, 1990 |
| Hearing Date |
Nov 17, 1990 |
| Decision |
The appeal against the order dated September 30, 1989, passed by the learned Presiding Officer of the VIth Sindh Labour Court at Hyderabad, was dismissed. The Labour Court had previously ordered the reinstatement of the respondent, Noor Bux, with full back benefits. The main issue was the credibility of the Enquiry Officer's findings, which were based on inquiries beyond official records and lacked cross-examination of the individuals involved. The court found that the termination order was not sustainable due to the unfairness in the inquiry process, thereby upholding the Labour Court's decision. |
| Summary |
This case revolves around the reinstatement of Noor Bux, who was terminated from his position at the Sindh Road Transport Corporation on January 7, 1988, for alleged misbehavior. The Labour Court ruled in favor of Noor Bux, citing that the Enquiry Officer acted unjustly by relying on personal inquiries that were not subject to cross-examination. The Labour Appellate Tribunal upheld this decision, emphasizing the need for fair inquiry processes in employment disputes. This case highlights crucial aspects of industrial relations and the rights of employees under the Industrial Relations Ordinance. Key legal principles regarding reinstatement and fair inquiry procedures are discussed, providing valuable insights for legal practitioners and entities involved in labor disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
SINDH ROAD TRANSPORT CORPORATION, HYDERABAD,
NOOR BUX
|
| Judges |
Ahmed Ali U. Qureshi
|
| Lawyers |
Raees M. Mushtaque,
S. Fasahat H. Rizvi
|
| Petitioners |
SINDH ROAD TRANSPORT CORPORATION, HYDERABAD
|
| Respondents |
NOOR BUX
|
| Citations |
1991 SLD 722,
1991 PLC 736
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|