| Case ID |
1f23ef8c-3482-4424-9784-2730df7eb888 |
| Body |
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| Case Number |
Appeals Nos. KAR-35 and KAR-62 |
| Decision Date |
Mar 27, 1996 |
| Hearing Date |
Mar 27, 1996 |
| Decision |
The appeals arise from the judgment of the Fourth Sindh Labour Court, Karachi concerning a grievance petition filed under section 25A of the I.R.O., 1969 for reinstatement. Nisar Ahmed, the worker, was initially dismissed due to allegations of misconduct involving the unauthorized removal of termination orders. The Labour Court found the domestic inquiry to be flawed and reinstated him pending a fresh inquiry. The fresh inquiry ultimately found him guilty of misconduct again, which led to the dismissal being upheld. As a result, the appeals by Pakistan Steel against the conditional reinstatement became infructuous since the worker was dismissed again following the fresh inquiry. Both appeals were dismissed due to this outcome. |
| Summary |
This case revolves around the dismissal and subsequent reinstatement of Nisar Ahmed, an employee of Pakistan Steel Mills, due to allegations of misconduct. The Labour Court's initial ruling mandated a fresh inquiry after finding defects in the domestic inquiry process. The fresh inquiry, however, reaffirmed the misconduct, leading to a dismissal that rendered the employer's appeals against the conditional reinstatement moot. This case highlights key aspects of labor law, particularly the procedures surrounding employee misconduct and the significance of due process in disciplinary actions. Keywords: labor law, misconduct, reinstatement, employee rights, legal proceedings. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Steel Mills Corporation (Private) Limited,
Shaikh Nisar Ahmad Rahi
|
| Judges |
MUSHTAQ ALI QAZI
|
| Lawyers |
Rukhsana Ahmed,
Muhammad Tasnim
|
| Petitioners |
PAKISTAN STEEL MILLS CORPORATION (PRIVATE) LIMITED through Incharge Law Department
|
| Respondents |
Shaikh NISAR AHMAD RAHI
|
| Citations |
1997 SLD 602,
1997 PLC 116
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
25A,
38,
S.O. 15(3)(h)
|