| Case ID |
0fea8a74-da93-46ed-8ae8-b561c7115173 |
| Body |
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| Case Number |
29/Neem of 1979 |
| Decision Date |
Jan 22, 1980 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal found that the domestic inquiry against Amir Faraz was vitiated due to the improper cross-examination process. The Tribunal held that allowing a witness to cross-examine the petitioner and other witnesses compromised the integrity of the inquiry. The evidence presented did not substantiate the allegations against the petitioner, particularly regarding the theft of cigarettes. Consequently, the Tribunal set aside the dismissal order and reinstated the petitioner with full back wages and benefits, mandating compliance within one month. |
| Summary |
This case revolves around an industrial dispute involving Amir Faraz, an employee of Premier Tobacco Industries, who was dismissed following allegations of theft. The case highlights significant procedural flaws in the domestic inquiry process, particularly the cross-examination of witnesses, which led to a ruling by the Labour Appellate Tribunal. The Tribunal emphasized the importance of fair inquiry procedures to uphold the rights of workers under the Industrial Relations Ordinance, 1969. The decision reinstates Amir Faraz and underscores the legal obligations of employers to conduct fair and unbiased inquiries. Keywords include 'industrial dispute', 'employee rights', 'domestic inquiry', 'theft allegations', and 'Labour Appellate Tribunal'. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
Premier Tobacco Industries
|
| Judges |
QAZI HAMID-UD-DIN
|
| Lawyers |
Not available
|
| Petitioners |
AMIR FARAZ
|
| Respondents |
Messrs PREMIER TOBACCO INDUSTRIES LTD.
|
| Citations |
1982 SLD 1697,
1982 PLC 1055
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Standing Orders Ordinance, 1968
|
| Sections |
25-A
|