| Case ID |
251f6fe5-6a17-4a0b-a07c-6d300b6449cb |
| Body |
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| Case Number |
MN-762 of 197.9 |
| Decision Date |
Nov 10, 1981 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the dismissal order of the appellant's grievance petition was set aside. The Labour Court was directed to reinstate the appellant in service. The decision highlighted that the enquiry against the appellant was not fair or satisfactory, primarily due to bias and improper conduct by the Enquiry Officer, who made interpolations in the absence of the accused. The final ruling emphasized the necessity for fair proceedings and the importance of maintaining confidence in the enquiry process. |
| Summary |
In this significant case from the Labour Appellate Tribunal of Punjab, the core issue revolved around the fairness of a domestic enquiry against an employee of Pakarab Fertilizers, who was accused of misconduct. The Appellate Tribunal scrutinized the procedural integrity of the enquiry, noting serious deficiencies such as bias from the Enquiry Officer and unauthorized alterations to the enquiry records. The Tribunal found that the Enquiry Officer's actions undermined the principles of justice and fairness, which are essential in employment-related disputes. The judgement underscored the critical need for transparency and impartiality in domestic enquiries, particularly in industrial relations, where the stakes involve the livelihoods of workers. The case serves as a crucial precedent for ensuring that employees are afforded due process in disciplinary matters, reinforcing the standards of fairness required in workplace investigations. By reinstating the employee, the Tribunal sent a strong message regarding the protection of workers' rights and the importance of equitable treatment in the workplace. This case is particularly relevant in discussions about industrial relations and the legal frameworks governing workplace conduct, making it a valuable reference for future cases involving similar issues. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakarab Fertilizers
|
| Judges |
Muhammad Abdul Ghafoor Khan Lodhi,
Muhammad Hussain Khokhar
|
| Lawyers |
Muhammad Ikram,
Asghar Mahmood
|
| Petitioners |
|
| Respondents |
Messrs Pakarab Fertilizers
|
| Citations |
1982 SLD 1581,
1982 PLC 702
|
| Other Citations |
Shaukat Ali v. Cofcot Textile Mills Ltd. 1980 PLC 175,
Pakistan Electricity Revenue v. WAPDA 1980 PLC 916,
Karachi Port Trust v. Usman 1979 PLC 176,
Zeenat Shirt Factory v. Wall Muhammad 1978 PLC 429
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A,
38
|