| Case ID |
0ac99f4d-a7c6-485a-919f-931acee60c25 |
| Body |
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| Case Number |
KAR-394 and 397 of 1985 |
| Decision Date |
Jan 28, 1987 |
| Hearing Date |
Jan 28, 1987 |
| Decision |
The Labour Appellate Tribunal upheld the decision of the Sind Labour Court, which directed the reinstatement of Muhammad Ishaque, a bus conductor, without back benefits. The Tribunal determined that the dismissal was based on unsubstantiated presumption of dishonesty regarding an excess amount of Rs. 88.80 found in his possession after duty. The Tribunal emphasized that the employer failed to provide evidence that the money was ill-gotten and noted that the cash was not checked during duty hours. The Tribunal dismissed the cross-appeals filed by both parties. |
| Summary |
This case revolves around the reinstatement of Muhammad Ishaque, a permanent employee of the Karachi Transport Corporation, who was dismissed for allegedly possessing an excess amount of Rs. 88.80 after duty hours. The Labour Court ruled in favor of Ishaque, stating that the dismissal was not supported by sufficient evidence, as the cash was not checked during duty hours and there was no report of any ticket-less passengers. The Labour Appellate Tribunal confirmed this decision, highlighting the lack of concrete evidence of misconduct and the necessity of following due process in disciplinary actions against employees. This ruling reinforces the importance of fair treatment in employment and the need for employers to substantiate claims of misconduct before termination. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Transport Corporation,
Muhammad Ishaque
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Azmatullah Khan,
S.P. Lodhi
|
| Petitioners |
KARACHI TRANSPORT CORPORATION
|
| Respondents |
MUHAMMAD ISHAQUE
|
| Citations |
1988 SLD 815,
1988 PLC 34
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|