| Case ID |
16bb4964-cdb1-46ea-b6ae-18106358f35b |
| Body |
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| Case Number |
KAR-211 and KAR-223 of 1977 |
| Decision Date |
Aug 06, 1977 |
| Hearing Date |
Jul 26, 1977 |
| Decision |
The Labour Court's order of reversion against Usman was set aside by the Labour Appellate Tribunal. The Tribunal found that the Labour Court had erred in its assessment of the inquiry conducted against Usman, highlighting multiple procedural irregularities, including the lack of opportunity for cross-examination and the failure to record witness statements under oath. Despite Usman's admission of heated words exchanged during the incident, the Tribunal ruled that the Labour Court's cancellation of the reversion lacked justification, ultimately allowing the appeal filed by Karachi Port Trust and dismissing Usman's appeal. |
| Summary |
This case revolves around an industrial dispute involving Usman, an employee of Karachi Port Trust, who faced disciplinary action for alleged misbehavior with a Mechanical Engineer. The Labour Court initially reversed the decision to demote Usman due to alleged procedural flaws in the inquiry process. However, the Labour Appellate Tribunal found that the Labour Court had disregarded established legal principles regarding evidence and procedure. The Tribunal emphasized that new arguments raised after the initial pleadings could not be considered. The decision highlights the importance of proper procedure in labor disputes and affirms the rights of employees while maintaining the integrity of disciplinary processes. Key terms include 'industrial relations', 'disciplinary action', 'Labour Court', and 'appeal'. This case is crucial for understanding labor law in Pakistan and the rights of workers in disciplinary proceedings. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Port Trust
|
| Judges |
Ghulam Rasool Shaikh
|
| Lawyers |
Qamar Abhas,
F. M. Azad
|
| Petitioners |
Usman
|
| Respondents |
Karachi Port Trust
|
| Citations |
1979 SLD 966,
1979 PLC 176
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A,
36
|