| Case ID |
0bbed2a7-76c0-4930-85bf-79ae9fafa279 |
| Body |
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| Case Number |
KAR-870 of 1980 |
| Decision Date |
Mar 26, 1981 |
| Hearing Date |
Mar 26, 1981 |
| Decision |
The appeal by the Management of Jamia Spinning and Weaving Mills Ltd. was dismissed. The Labour Court's decision to reinstate FATEHUL QADEER was upheld, with the option for the Management to conduct a fresh enquiry. The Labour Court found that the initial domestic enquiry was neither fair nor proper, as the Management failed to produce defence witnesses and did not provide adequate opportunities for the respondent to defend himself. As a result, the reinstatement was ordered along with full back benefits, subject to the outcome of any new enquiry initiated by the Management within two months. |
| Summary |
The case involves an industrial dispute between Jamia Spinning and Weaving Mills Ltd. and its employee FATEHUL QADEER. The Labour Appellate Tribunal of Sindh addressed the appeal regarding the reinstatement of QADEER after he was dismissed following a domestic enquiry that was deemed unfair. The Tribunal highlighted the Management's failure to produce key defence witnesses and the inadequacy of the enquiry process. The decision emphasizes the importance of fair procedures in employment disputes and the right of employees to a proper defence. This case serves as a significant reference for future labour disputes, reinforcing the need for transparency and fairness in domestic enquiries under the Industrial Relations Ordinance, 1969. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Jamia Spinning and Weaving Mills Ltd.
|
| Judges |
Z. A. Channa
|
| Lawyers |
Itrat Hameed Puri,
Mirza Muhammad Kazim
|
| Petitioners |
MESSRS JAMIA SPINNING & WEAVING MILLS LTD.
|
| Respondents |
FATEHUL QADEER
|
| Citations |
1981 SLD 2323 = 1981 PLC 551
|
| Other Citations |
Crescent Jute Products v. Muhammad Yaqoob P L D 1978 S C 207
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A (5-A),
37
|