| Case ID |
1589c959-e80a-4c5e-bcff-7a50ba196d16 |
| Body |
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| Case Number |
MN-594 of 1982 |
| Decision Date |
Aug 13, 1983 |
| Hearing Date |
Aug 09, 1983 |
| Decision |
The Labour Appellate Tribunal set aside the order of reinstatement by the Labour Court, stating that the Tribunal cannot act as an appellate authority over the employer's decisions. The case was remanded to the competent authority to reconsider the dismissal, emphasizing that the dismissal was not illegal, given that the authority had the power to impose penalties without formalities. However, it highlighted that leniency should be considered, especially since the offence did not involve moral turpitude and did not directly relate to railway duties. The appeal was accepted, and the case was sent back for a review of the penalty imposed. |
| Summary |
This case revolves around the dismissal of a railway employee who was convicted of a criminal offence. The Labour Court had directed reinstatement, but the Labour Appellate Tribunal overturned this decision, asserting that the Tribunal does not have the jurisdiction to alter the employer's order. The Tribunal noted that while the employee was dismissed without a proper charge-sheet or enquiry, the authority had the discretion to impose penalties without such formalities. The Tribunal remanded the case for reconsideration, urging the competent authority to evaluate if a lesser penalty could be applied, recognizing the implications of dismissal on the employee's livelihood. This case emphasizes the balance between employer authority and employee rights in the context of disciplinary actions within the framework of the Industrial Relations Ordinance. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakistan Railways
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Kh. Tariq Masood
|
| Petitioners |
Divisional Superintendent, Pakistan Railways, Multan
|
| Respondents |
Zahoor
|
| Citations |
1984 SLD 1552,
1984 PLC 946
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A,
38(3)
|