| Case ID |
09f9a24c-25a3-4ab6-9ea6-e780e86487ed |
| Body |
View case body. Login to View |
| Case Number |
FD-741 of 1981 |
| Decision Date |
Jun 21, 1982 |
| Hearing Date |
May 13, 1982 |
| Decision |
The appeal by Lyallpur Cotton Mills against the decision of the Punjab Labour Court No.4, Faisalabad was dismissed. The court upheld the order for the reinstatement of Shamim Ahmad Khan, who had been dismissed for alleged absence without leave. The inquiry into his dismissal was found to be flawed, as key witnesses did not provide evidence, and the evidence presented was insufficient to prove his absence. The court concluded that the respondent had likely attended his duties during the disputed period, and therefore, the lower court's decision to reinstate him with back benefits was justified. |
| Summary |
In the case of Lyallpur Cotton Mills vs. Shamim Ahmad Khan, the Labour Appellate Tribunal addressed the dismissal of the respondent on grounds of absence without leave. The tribunal highlighted deficiencies in the inquiry process, particularly in witness testimonies and evidence recording, which led to the conclusion that the respondent was wrongfully marked absent. The case underscores the importance of proper procedural conduct in employment dismissals and reinforces employee rights to fair treatment under the West Pakistan Industrial and Commercial Employment Ordinance. The decision emphasizes the need for employers to substantiate claims of absenteeism with credible evidence to avoid unjust dismissals. Keywords: wrongful dismissal, employee rights, labor tribunal, absence without leave, procedural fairness. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Lyallpur Cotton Mills,
General Manager, Faisalabad,
Shamim Ahmad Khan
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Mohammad Latif Randhawa
|
| Petitioners |
Lyallpur Cotton Mills through General Manager, Faisalabad
|
| Respondents |
Shamim Ahmad Khan
|
| Citations |
1985 SLD 1471,
1985 PLC 1
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance
|
| Sections |
S.O. 15
|