| Case ID |
20572b25-6f74-42fe-b17a-2251c6188809 |
| Body |
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| Case Number |
Appeal No. 78 of 1974 |
| Decision Date |
Mar 27, 1975 |
| Hearing Date |
|
| Decision |
The appeal preferred by the Managing Director of the Punjab Road Transport Board against the Junior Labour Court's order to reinstate Ghulam Sabir is dismissed. The order was upheld on the grounds that no fair enquiry was conducted against Ghulam Sabir regarding the alleged misconduct of fraud. Evidence showed that there was no charge-sheet provided, and the respondent was denied access to witness statements. The case demonstrated that Ghulam Sabir was prejudiced in the enquiry process, and misconduct was not proven. |
| Summary |
This case involves an appeal made by the Punjab Road Transport Board against the reinstatement of Ghulam Sabir, a bus conductor, by the Junior Labour Court. The primary issue at stake revolved around the alleged misconduct due to fraud, where Sabir was accused of allowing passengers to travel without proper fare. The court found that the enquiry process lacked fairness, as there was no charge-sheet available, and the respondent did not receive necessary documents to defend himself. The decision highlights the importance of a fair enquiry in labor disputes, reinforcing the rights of workers against unjust dismissal. Key trends in labor law emphasize the necessity of transparency and due process in administrative actions against employees. Such cases underline the significance of protecting employee rights in the face of management actions, ensuring that all parties have access to a fair trial. This ruling serves as a precedent for similar labor disputes, illustrating the balance between management authority and worker protections in the workplace. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Punjab Road Transport Board,
Ghulam Sabir
|
| Judges |
Muhammad Mian Qureshi
|
| Lawyers |
Abdul Karim
|
| Petitioners |
Punjab Road Transport Board
|
| Respondents |
Ghulam Sabir
|
| Citations |
1978 SLD 938,
1978 PLC 54
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|