| Case ID |
0fc3b262-e6ac-4938-ae0f-0146aeaaddcc |
| Body |
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| Case Number |
Appeals Nos. KAR-263 and 264 of 1977 |
| Decision Date |
Oct 05, 1977 |
| Hearing Date |
Sep 05, 1977 |
| Decision |
The appeals were dismissed as the Labour Court's order to reinstate the respondents was upheld. The Tribunal found that the dismissal was based on allegations not included in the original charge-sheet, which constituted a breach of due process. The inquiry against the respondents was deemed flawed as it relied heavily on self-incriminating statements from co-accused without proper justification. The Tribunal emphasized that a case of negligence could not be transformed into one of sabotage without a thorough and fair inquiry. The lack of service of a second show-cause notice and failure to provide the respondents with the complaint further supported the dismissal of the appeals. |
| Summary |
In the case of Appeals Nos. KAR-263 and 264 of 1977 before the Labour Appellate Tribunal, Sindh, the core issue revolved around the dismissal of employees from MESSRS GUL AHMED TEXTILE MILLS LTD., KARACHI, based on allegations of misconduct. The Tribunal, presided over by GHULAM RASOOL SHAIKH, scrutinized the Labour Court's decision to reinstate the employees under Section 25-A of the Industrial Relations Ordinance (1969). The Tribunal concluded that the dismissal was not justified as it was based on new charges not included in the original charge-sheet, violating the principles of natural justice. The inquiry was criticized for relying on self-exculpatory statements from co-accused, which lacked credibility. The Tribunal's ruling emphasized the importance of fair trial rights and procedural due process in employment disputes, reaffirming the need for transparency and accountability in domestic inquiries. This case highlights the critical balance between employer authority and employee rights, making it a significant reference point in labour law jurisprudence. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RASOOL SHAIKH
|
| Lawyers |
Abdul Hadi Farid,
Mirza Mohammad Kazim,
Nemo
|
| Petitioners |
MESSRS GUL AHMED TEXTILE MILLS LTD., KARACHI
|
| Respondents |
USMAN SHAH AND 2 OTHERS
|
| Citations |
1978 SLD 1102 = 1978 PLC 395
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (V I of 1968)
|
| Sections |
25-A,
S. O. 15
|