| Case ID |
22d03fe0-ab3b-41e1-ade7-a7c544ed8f4f |
| Body |
View case body. Login to View |
| Case Number |
HYD-355 of 1989 |
| Decision Date |
Jan 20, 1991 |
| Hearing Date |
Jan 20, 1991 |
| Decision |
The appeal against the order of the learned Presiding Officer of Sindh Labour Court No.VI at Hyderabad, dated 31-8-1989, was dismissed. The grievance petition of the respondent was allowed, and he was ordered to be reinstated in service with consequential benefits. The respondent was charge-sheeted on 5-12-1987 for being absent without intimation for more than ten days. However, he was dismissed for being habitually absent, a charge that was never communicated to him. The court found that the dismissal was not tenable since the alleged misconduct was not brought to the respondent's notice, and therefore, the order of termination was rightly set aside by the Labour Court. The appeal was deemed to have no merits and was dismissed accordingly. |
| Summary |
In the case of MIRPURKHAS SUGAR MILLS LIMITED vs RIAZUDDIN, the Labour Appellate Tribunal of Sindh addressed the issue of wrongful termination under the Industrial Relations Ordinance. The respondent, RIAZUDDIN, was initially dismissed for being habitually absent, a charge that was not properly communicated to him. The tribunal found that the dismissal violated procedural fairness as per the provisions outlined in the West Pakistan Industrial and Commercial Employment Ordinance. The decision emphasized the importance of due process in employment matters, reinforcing the need for clear communication of misconduct allegations. This case highlights key employment law principles, particularly those related to employee rights and the legal obligations of employers in disciplinary processes. The ruling ultimately upheld the Labour Court's decision to reinstate the employee, showcasing the tribunal's commitment to safeguarding workers' rights in the face of unjust treatment. Legal practitioners and employers alike should take heed of this ruling as it serves as a precedent in maintaining fair labor practices. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
MIRPURKHAS SUGAR MILLS LIMITED
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Raes M. Mushtaq,
Muhammad Moosa Laghari
|
| Petitioners |
MIRPURKHAS SUGAR MILLS LIMITED
|
| Respondents |
RIAZUDDIN
|
| Citations |
1992 SLD 940 = 1992 PLC 759
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
S-O.15(4)
|