| Case ID |
1f5f82be-7d42-407e-9414-73bf47526d60 |
| Body |
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| Case Number |
Civil Petitions Nos. 306-K to 309-K of 2000 |
| Decision Date |
Aug 31, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court determined that the dismissal of the employees was invalid due to the lack of proper notice and opportunity to defend themselves. The provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, particularly Section 15(4), were not followed, which mandates that a workman must be informed in writing of any alleged misconduct and given a chance to explain their side. As a result, the court set aside the earlier decisions of the Federal Service Tribunal, reinstated the employees, and directed the authorities to provide all back benefits. |
| Summary |
This case revolves around the dismissal of employees from United Bank Limited, where the Supreme Court of Pakistan addressed the violations of procedural fairness in employment dismissals. The court emphasized the importance of adhering to the mandatory provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, specifically Section 15(4), which protects employees' rights by ensuring they are notified of any misconduct and allowed an opportunity to defend themselves. The case highlights the necessity of following due process in employment matters and reinforces the principle of natural justice. The judgment serves as a critical precedent for future cases involving employee dismissals and labor rights, emphasizing the need for transparency and fairness in workplace procedures. Keywords: employee rights, dismissal procedures, natural justice, labor law, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
UNITED BANK LIMITED
|
| Judges |
CH. MUHAMMAD ARIF,
DEEDAR HUSSAIN SHAH,
HAMID ALI MIRZA
|
| Lawyers |
M.L. Shahani,
K.A. Wahab,
Umer Qureshi,
N.M. Sheikh
|
| Petitioners |
3 others,
HAFEEZ SHAH
|
| Respondents |
2 others,
UNITED BANK LIMITED
|
| Citations |
2001 SLD 788,
2001 SCMR 931
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance
|
| Sections |
15(4)
|