| Case ID |
2149123b-00b3-4595-a6f6-6852b0f40020 |
| Body |
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| Case Number |
Kar-229 of 1984 |
| Decision Date |
May 24, 1987 |
| Hearing Date |
May 04, 1987 |
| Decision |
The appeal filed by the appellant against the order dated 20-10-1984 passed by the Sind Labour Court No.111 Karachi, was dismissed. The decision of the Labour Court was maintained, which accepted the grievance petition of the respondent. The case revolved around the alleged misconduct of the respondent, who was accused of causing a delay to a train due to improper loading of fruit baskets. However, the inquiry into the charges was found to be flawed, lacking specific allegations of misconduct and failing to provide a fair process for the respondent. The punishment of withholding the increment was deemed illegal and improper, thus set aside. |
| Summary |
In the case of DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS vs MUHAMMAD ASGHAR, the Labour Appellate Tribunal of Sindh addressed issues of procedural fairness and misconduct allegations under the Industrial Relations Ordinance, 1969. The respondent, a permanent employee, was accused of allowing improperly loaded fruit baskets, resulting in a train delay. The Tribunal found that the inquiry conducted was not fair, lacking specific details of charges against the respondent, and failing to adhere to legal requirements. The decision emphasized the importance of due process in disciplinary actions within employment law, reinforcing the rights of employees against arbitrary punishment. This case highlights the critical balance between organizational authority and employee rights, making it a significant reference point in labor law jurisprudence. |
| 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 828,
1988 PLC 60
|
| Other Citations |
1978 P L C 452,
1981 P L C 860
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|