| Case ID |
1a86ad67-17e1-4d6b-8eed-e5d937907f44 |
| Body |
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| Case Number |
C.P. No. 1727 of 1996 |
| Decision Date |
Sep 22, 2004 |
| Hearing Date |
Sep 22, 2004 |
| Decision |
The petitioner, employed as an Auto Cone Operator, was dismissed for misconduct after failing to report for duty. The court upheld the dismissal, citing that the petitioner’s refusal to perform the assigned duties constituted willful absence. Despite arguments regarding the fairness of the inquiry proceedings, the court maintained that the concurrent findings of two tribunals should not be interfered with. The petition was dismissed as the petitioner had not approached the court with clean hands, having previously moved the National Industrial Relations Commission without success. |
| Summary |
This case revolves around the dismissal of Khaisat Khan, an Auto Cone Operator, from his job at Indus Dyeing & Manufacturing Company for alleged misconduct. The case was heard in the Sindh High Court, where it was determined that Khan's refusal to report to work when requested amounted to willful absence and thus misconduct under the Industrial Relations Act. The court found that the inquiry conducted by the employer was valid and upheld the decision to dismiss Khan. The ruling emphasizes the importance of employees adhering to their assigned duties and the legal implications of refusing to comply. Key legal references include the Industrial Relations Act of 2012 and the Constitution of Pakistan, highlighting the intersection of labor rights and constitutional provisions. The judgment also touches upon concepts of fairness in inquiry proceedings and the principle of res judicata in labor law contexts. |
| Court |
Sindh High Court
|
| Entities Involved |
INDUS DYEING & MANUFACTURING COMPANY, LTD.
|
| Judges |
Khilji Arif Hussian, JJ.,
Sabihuddin Ahmad, J.
|
| Lawyers |
Mr. Suleman Habib Ullah,
Mr. Mehmood Abdul Ghani
|
| Petitioners |
KHAISTA KHAN
|
| Respondents |
M/s. INDUS DYEING & MANUFACTURING COMPANY, LTD., HYDERABAD
|
| Citations |
2005 SLD 3860,
2005 PLJ 7
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Act, 2012,
Constitution of Pakistan, 1973,
Industrial Relations Ordinance, 1969
|
| Sections |
22-A(8)(g),
25-A,
199,
22-A(8)(g),
25-A
|