| Case ID |
223cee02-e6a4-436c-b6b0-1451705a4df8 |
| Body |
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| Case Number |
Kar-313 to 315 and 326 to 328 of 1985 |
| Decision Date |
Jan 23, 1987 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal upheld the Labour Court's order for the reinstatement of the petitioner workmen while disallowing back benefits, as the three-year period for claiming such benefits had elapsed. The court maintained that the domestic enquiry conducted by the management was lawful and fair, and the charges against the workmen were substantiated. The tribunal found no merit in the appeals filed by both the management and the workmen with respect to the back benefits and the fresh enquiry. The decision emphasized the importance of a lawful domestic enquiry and the employer's right to dismiss based on misconduct, irrespective of criminal court outcomes. |
| Summary |
This case revolves around the appeals concerning the dismissal of three workmen from Messrs Metropolitan Steel Corporation Ltd. for alleged misconduct involving trade union activities and physical altercations. The Labour Court ruled in favor of reinstatement but denied back benefits due to the elapsed timeframe. The Appellate Tribunal confirmed the Labour Court's decision, underscoring the importance of due process in employment law. The case highlights the intersection of labor rights, domestic inquiry procedures, and the implications of misconduct in the workplace. Key keywords include 'Labour Court', 'industrial relations', 'dismissal', 'misconduct', and 'trade union activities'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs METROPOLITAN STEEL CORPORATION Ltd.
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Ali Amjad
|
| Petitioners |
Akbar Khan,
Abdul Aziz Khan,
Muhammad Ahmad Qureshi
|
| Respondents |
Messrs METROPOLITAN STEEL CORPORATION Ltd.
|
| Citations |
1988 SLD 401,
1988 PLC 36
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|