| Case ID |
25557857-bbfb-40a2-bd0b-455266ca6311 |
| Body |
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| Case Number |
KAR-361 of 1988 |
| Decision Date |
Mar 13, 1989 |
| Hearing Date |
Mar 13, 1989 |
| Decision |
This appeal is against the order of the learned Presiding Officer, Sind Labour Court No. 1, Karachi, dated 10-10-1988, whereby the learned Presiding officer partially allowed the grievance petition of the appellant and ordered his reinstatement but disallowed back benefits. The appeal filed by the respondents against the said order of reinstatement has earlier been dismissed by this Tribunal by order, dated 10-1-1989. This appeal is against the order disallowing back benefits. The Tribunal found that the learned Labour Court disallowed back benefits, concluding that the appellant succeeded on a technical ground and failed to prove he was jobless. The Tribunal decided to award back benefits to the extent of 50%, considering the circumstances and precedents. |
| Summary |
In the case of GHULAM ALI vs. KARACHI TRANSPORT CORPORATION, the Labour Appellate Tribunal addressed a grievance petition concerning the dismissal of a bus conductor on charges of misappropriation of funds. The Tribunal found procedural defects in the inquiry leading to the dismissal, resulting in the conductor's reinstatement. However, back benefits were initially denied due to a lack of evidence of unemployment. The Tribunal referenced various precedents regarding back benefits for reinstated employees, concluding that 50% of back benefits were justified given the circumstances. This case highlights the importance of procedural fairness in employment dismissals and the discretionary power of Labour Courts in granting back benefits. Keywords like 'Labour Appellate Tribunal', 'Industrial Relations Ordinance', and 'back benefits' are trending in labor law discussions, making this case pertinent for legal professionals and scholars alike. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
|
| Judges |
AHINED ALI U.QURESHI
|
| Lawyers |
Khalil-ur-Rehman,
Narain Das
|
| Petitioners |
GHULAM ALI
|
| Respondents |
KARACHI TRANSPORT CORPORATION
|
| Citations |
1989 SLD 2378,
1989 PLC 730
|
| Other Citations |
1987 P L C 470,
1986 P L C 693,
1986 P L C 481,
1988 P L C 722,
PLD 1973 SC 589
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|