| Case ID |
1f2f88f1-3e26-4b3a-913a-272087c8e824 |
| Body |
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| Case Number |
Kar-229 of 1984 |
| Decision Date |
May 24, 1987 |
| Hearing Date |
|
| Decision |
The appeal filed by the appellant against the order dated 20-10-1984 from the Sind Labour Court No.111 Karachi, which had allowed the grievance petition of the respondent, was dismissed. The Labour Court found that the respondent employee, while serving as a Luggage Guard, was unfairly charged and punished. The charge-sheet issued was vague, lacking specific allegations of illegal gratification or misconduct. The inquiry held against the respondent was deemed unfair as it did not allow for proper cross-examination of witnesses. Consequently, the penalty of withholding the increment was ruled illegal and improper, thus reinstating the respondent's rights and benefits. |
| Summary |
This case revolves around the unfair dismissal of an employee of Pakistan Railways, Muhammad Asghar, who was a Luggage Guard on the 7-Up Tezgam train. The employee faced allegations of misconduct, specifically concerning the loading of fruit baskets and a supposed demand for illegal gratification. The Labour Appellate Tribunal found that the charges were not substantiated by evidence, and the inquiry process was flawed, leading to a decision that upheld the employee's rights under the Industrial Relations Ordinance. This case highlights the importance of fair inquiry processes and the protection of employee rights in the face of allegations. Key trending keywords include 'employee rights', 'labour law', 'industrial relations', and 'workplace fairness'. The ruling emphasizes the necessity for clear and substantiated claims against employees to ensure justice and uphold labor standards. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Railways
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Ch. Rasheed Ahmad,
Ali Amjad
|
| Petitioners |
DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS, KARACHI
|
| Respondents |
MUHAMMAD ASGHAR
|
| Citations |
1988 SLD 654,
1988 PLC 60
|
| Other Citations |
1978 P L C 452,
1981 P L C 860
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A,
38(3)
|