| Case ID |
0876a8ae-40d5-45f7-a280-2bae6171dccd |
| Body |
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| Case Number |
Hyd-398 of 1986 |
| Decision Date |
May 20, 1987 |
| Hearing Date |
May 20, 1987 |
| Decision |
The appeal was allowed, and the dismissal of the appellant worker from service was declared improper and illegal. The court found that the charge-sheet against the appellant was hopelessly time-barred and that the domestic inquiry conducted against him violated principles of natural justice. The appellant was not afforded a reasonable opportunity to present his defense or cross-examine witnesses. As such, the order of the Labour Court dismissing the grievance petition was set aside, and the appellant was reinstated in service with full back benefits. |
| Summary |
This case revolves around the improper dismissal of an employee from the United Bank Ltd. under the Industrial Relations Ordinance of 1969. The appellant, a cashier, was accused of misappropriation but the charge-sheet was issued beyond the statutory period. The Labour Appellate Tribunal found that the domestic inquiry was conducted in violation of natural justice principles, denying the appellant the right to a fair hearing. The decision emphasizes the importance of adhering to legal procedures in employment matters, especially concerning trade union activities. Reinstatement with full back benefits highlights the Tribunal's stance on protecting workers' rights against unjust termination. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
UNITED BANK Ltd.
|
| Judges |
ALI NAWAZ BUDHANI,
FAIZ MUHAMMAD SHAIKH
|
| Lawyers |
Muhammad Ishaque,
Abdul Ghani
|
| Petitioners |
Muhammad Ishaque
|
| Respondents |
another,
VICEPRESIDENT, UNITED BANK Ltd.
|
| Citations |
1988 SLD 827,
1988 PLC 58
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|