| Case ID |
0b0eb0c1-de42-422e-b4f0-33fb07632bf5 |
| Body |
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| Case Number |
HYD-777 of 1980 |
| Decision Date |
Feb 05, 1981 |
| Hearing Date |
Feb 05, 1981 |
| Decision |
The appeal was dismissed, confirming the dismissal of the appellant who had been absent from work without authorization for more than ten days. The court held that the charge-sheet issued was not defective and that the dismissal order was valid, taking effect from the date of issue rather than the date of absence. The appellant's claims regarding illness were not substantiated by evidence, and the court ruled that the dismissal order could not have retrospective effect. |
| Summary |
In the case of HYD-777 of 1980, the Labour Appellate Tribunal, Sindh adjudicated an appeal concerning the dismissal of an assistant fitter from Messrs Alamin Textile Mills Ltd. The appellant, who was dismissed for unauthorized absence exceeding ten days, challenged the validity of the dismissal order. The tribunal, presided over by judges Z. A. Channa and Muhammad Yakoob, reviewed the evidence presented, including the appellant's leave application and subsequent correspondence with the mills. The tribunal concluded that the appellant failed to prove his claims of illness and that the dismissal was effective from the date it was issued, not retrospectively from the date of absence. This decision underscores the importance of adherence to procedural norms in employment disputes and clarifies the limitations of retrospective disciplinary actions in labor law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs Alamin Textile Mills Ltd.
|
| Judges |
Z. A. Channa,
Muhammad Yakoob
|
| Lawyers |
Wasiullah Qureshi,
Akhtar Ahmed Bhutto
|
| Petitioners |
Wasiullah Qureshi
|
| Respondents |
Akhtar Ahmed Bhutto,
Messrs Alamin Textile Mills Ltd.
|
| Citations |
1981 SLD 2460,
1981 PLC 937
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
S. O. 15 (4)
|