| Case ID |
0f59c7f0-7a7f-4190-82b8-2f91462be61b |
| Body |
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| Case Number |
Constitutional Petition No. 1486 of 1974 |
| Decision Date |
Feb 09, 1976 |
| Hearing Date |
Feb 09, 1976 |
| Decision |
The Sindh High Court dismissed the petition filed by the petitioners, MESSRS BRITISH INDIA ENGINEERING WORKS, KARACHI, against the order of the Junior Labour Court which had reinstated the third respondent, a Sweeper who had been dismissed for absence. The court held that the Junior Labour Court was unable to adjudicate due to the absence of complete records from the domestic inquiry. The court found that the inquiry was conducted improperly and that the third respondent could not be considered absent from duty as he had not joined his duties within the stipulated time due to management's actions. The decision emphasized the importance of maintaining complete records for lawful inquiries and the necessity for the Labour Court to have all facts presented to it for proper adjudication. |
| Summary |
The case of MESSRS BRITISH INDIA ENGINEERING WORKS vs VTH LABOUR COURT, KARACHI revolves around the dismissal of a worker, the third respondent, and the subsequent reinstatement order by the Junior Labour Court. The worker was dismissed for alleged absences, but the court found that the domestic inquiry was flawed due to incomplete records. The Labour Court could not make a fair judgment without the full context of the case. The ruling highlighted key aspects of labor law, especially regarding domestic inquiries under the Industrial Relations Ordinance. The decision reinforces the need for employers to maintain thorough documentation during disciplinary processes to ensure compliance with legal standards. This case illustrates the critical balance between employer rights and employee protections in labor relations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZAKAULLAH LODHI, J
|
| Lawyers |
R. F. Virji for Petitioner,
G. A. Brohi for Respondent No. 3
|
| Petitioners |
MESSRS BRITISH INDIA ENGINEERING WORKS, KARACHI
|
| Respondents |
2 OTHERS,
VTH LABOUR COURT, KARACHI
|
| Citations |
1976 SLD 730,
1976 PLC 277
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A (5)
|