Legal Case Summary

Case Details
Case ID 1e29050a-72a5-4261-9f44-78990b44c1b4
Body View case body.
Case Number Appeals Nos. LHR-260 and 245 of 1987/Pb.
Decision Date Oct 05, 1987
Hearing Date Oct 03, 1987
Decision The appeals were heard together, stemming from a decision made on June 20, 1987, by the Punjab Labour Court No.1, Lahore. The respondent, Muhammad Tufail, was ordered to be reinstated without back benefits. The respondent challenged this decision regarding back benefits, while the appellant, District Manager of PRTC, contested the reinstatement. The allegations against the respondent included failing to issue tickets after collecting fares from 12 passengers. It was found that due process was not followed as no second show-cause notice was provided before dismissal, which led to the dismissal being overturned. The appeals were concluded with the dismissal of the appellant's appeal and an allowance of full back benefits to the respondent.
Summary This case revolves around an industrial dispute concerning the dismissal of a bus conductor from Punjab Road Transport Corporation for alleged misconduct related to embezzlement and failure to issue tickets. The Labour Appellate Tribunal found that the dismissal was unjustified due to procedural errors, particularly the lack of a second show-cause notice and failure to properly serve inquiry notices. It highlighted the importance of following established practices in disciplinary actions, especially in transport worker cases, where it is customary to issue a second notice. The tribunal ruled that the respondent was wrongfully denied back benefits and reinstated him in service. This case underscores the significance of procedural fairness in labor disputes and the necessity of adhering to established protocols to ensure justice is served.
Court Labour Appellate Tribunal, Punjab
Entities Involved Not available
Judges Sardar Muhammad Abdul Ghafoor Khan Lodhi
Lawyers Muhammad Saleem Khan, Muhammad Farooq Zaman Quraishi
Petitioners Punjab Road Transport Corporation
Respondents Muhammad Tufail
Citations 1995 SLD 1221 = 1995 PLC 386
Other Citations Not available
Laws Involved Not available
Sections Not available