| Case ID |
10a4d7fd-0d18-4edb-97e3-51ee9ddb31e1 |
| Body |
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| Case Number |
Application No.67 of 1987 |
| Decision Date |
Sep 08, 1987 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal found that the Enquiry Officer had failed to properly consider the medical certificate provided by the applicant, Qadir Bux, which indicated that his absence was due to illness (typhoid fever). The Tribunal held that the absence should have been treated as medical leave, as the applicant's illness was genuine and not intentional. The dismissal from service was deemed unjust, and the Tribunal ordered the reinstatement of Qadir Bux, setting aside the dismissal order. |
| Summary |
In the case of Qadir Bux vs. District Manager, Karachi Transport Corporation, the Labour Appellate Tribunal addressed critical issues regarding employee misconduct and the interpretation of medical leave. The Tribunal highlighted that absence due to serious illness, such as typhoid fever, should not be classified as misconduct if supported by a valid medical certificate. The Tribunal found procedural flaws in the enquiry conducted by the Corporation, particularly in not allowing adequate time for the employee to respond to the charges. The decision underscores the importance of adhering to natural justice principles in disciplinary proceedings and emphasizes the need for employers to consider medical evidence seriously. The ruling is significant in labor law, reaffirming that genuine medical conditions should be treated with fairness, ensuring employees' rights are protected. Keywords such as 'employee rights', 'medical leave', 'labour law', and 'disciplinary procedures' are crucial for understanding this case and its implications in labor relations. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
A. J. Bachani, Presiding Officer
|
| Lawyers |
Ch. Rashid Ahmed
|
| Petitioners |
Qadir Bux
|
| Respondents |
District Manager, Karachi Transport Corporation, Landhi
|
| Citations |
1988 SLD 408,
1988 PLC 54
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|