| Case ID |
178b2a05-802c-496b-a8e5-76b4a9a09813 |
| Body |
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| Case Number |
KAR-158 of 1985 |
| Decision Date |
|
| Hearing Date |
Feb 15, 1989 |
| Decision |
This appeal challenges the decision of the Second Sind Labour Court at Karachi, dated April 2, 1985, which dismissed the grievance petition filed by the appellant, MUHAMMAD SULTAN, against his removal from service by Messrs NAKSHBANDI INDUSTRIES LTD. KARACHI. The appellant contended that his removal was unjustified, alleging that he was victimized due to his position as the President of the C.B.A. Union and his trade union activities. The Tribunal meticulously examined the evidence presented, including testimonies from five witnesses who supported the management's version of events. The appellant failed to provide credible evidence to substantiate his claims of victimization or misconduct beyond the allegations made by his senior executive, Mr. Siraj. The Tribunal referenced multiple precedents, including Misty Khan v. Hussain Industries Ltd. and Nazir Ahmed v. Government of West Pakistan, to affirm the propriety of the Labour Court's decision. The appellant's inability to demonstrate that the grievance petition was handled unfairly or that the Enquiry Officer was biased led to the dismissal of his appeal. Furthermore, the Tribunal upheld the principle that the burden of proof lies with the party making allegations of victimization, which the appellant did not fulfill. Consequently, the appeal was dismissed, reaffirming the Labour Court's original decision to remove the appellant from service based on sufficient evidence of misconduct. |
| Summary |
In the landmark case of MUHAMMAD SULTAN vs. Messrs NAKSHBANDI INDUSTRIES LTD. KARACHI, adjudicated by the Labour Appellate Tribunal, Sindh in 1989, significant aspects of labour law and employee rights were scrutinized. The appellant, MUHAMMAD SULTAN, who served as the President of the C.B.A. Union, challenged his dismissal from service on grounds of alleged victimization and misconduct. Central to this case was the interpretation and application of Section 25-A of the Industrial Relations Ordinance (XXIII of 1969), which deals with grievance petitions and the procedures surrounding employee removal from service. The Tribunal meticulously evaluated the evidence presented, including testimonies from multiple witnesses that corroborated the management's claims of misconduct by the appellant. The appellant's assertion that his actions were within his union duties, especially during the auspicious period of Ramazan, was not substantiated with concrete evidence or supported by established company protocols. Furthermore, the appellant failed to demonstrate any procedural irregularities or bias in the conducted domestic inquiry, which was overseen by an independent Enquiry Officer. The Tribunal emphasized the importance of adhering to due process in employment disputes and upheld the Labour Court's decision, highlighting the necessity for employees to provide substantial proof when alleging victimization or mala fide actions by employers. This case underscores the critical balance between employee rights and employer regulations within the framework of Pakistani labour law. It also serves as a precedent for future cases involving union leaders and their dual roles within organizations, reinforcing the boundaries of permissible actions and the evidentiary standards required to contest employment termination. Legal experts and HR professionals closely analyze this case for its implications on union activities, grievance handling, and the enforcement of disciplinary actions in the workplace, making it a pivotal reference point in the realm of industrial relations and labour jurisprudence. |
| Court |
Labour Appellate Tribunal
|
| Entities Involved |
Messrs NAKSHBANDI INDUSTRIES LTD. KARACHI
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Mirza Muhammad Kazim,
Masood Ahmed Khan
|
| Petitioners |
MUHAMMAD SULTAN
|
| Respondents |
Messrs NAKSHBANDI INDUSTRIES LTD. KARACHI
|
| Citations |
1989 SLD 1386,
1989 PLC 529
|
| Other Citations |
Misty Khan v. Hussain Industries Ltd. 1984 PLC 1463,
Nazir Ahmed v. Government of West Pakistan 1972 PLC 539,
Guest Keen & Nottlcfolds Pakistan Ltd. v. Arif Hussain 1982 PLC 241,
Dr. Burjer Ankiesaria Nursing Home v. Zafar Iqbal 1982 PLC 553,
Crescent Jute Product; Ltd'. v. Muhammad Yaqoob N L R 1978 Lab. 586,
PLD 1978 SC 207,
Messrs Mercantile Industries Ltd. v. Amber Shah and another 1983 PLC 143,
Sawal Faqir and another v Messrs Globe Textile Mills Ltd. 1981 PLC 043,
The INN, Airport, Karachi v. Mehmood Ali 1978 PLC 347
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|