| Case ID |
25f6e4bd-64c6-4eed-905a-2cc631b1f9cb |
| Body |
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| Case Number |
OSA-434 and 435 of 1987 |
| Decision Date |
Dec 16, 1987 |
| Hearing Date |
|
| Decision |
The appeals were dismissed in limine. The Labour Court's order for reinstatement was upheld, allowing the employer to conduct a fresh inquiry to ascertain who committed the misconduct. The inquiry was deemed improperly held as no evidence was produced to determine which worker initiated the quarrel. The court emphasized that proper evidence is necessary to substantiate any claims of misconduct, especially when both parties accuse each other. |
| Summary |
This case involves two workers from Pioneer Steel Mills Ltd., who were dismissed for alleged misconduct after a quarrel during working hours. The Labour Court ordered their reinstatement and permitted a fresh inquiry, which the Appellate Tribunal upheld. The core issue revolved around the lack of evidence to determine who initiated the conflict, highlighting the importance of due process in disciplinary actions within the workplace. The case underscores the need for employers to conduct thorough investigations and produce evidence when dismissing employees for misconduct. Keywords: workplace discipline, employee rights, labor law, misconduct inquiry, reinstatement. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pioneer Steel Mills Ltd.
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Ch. Fazal Hussain
|
| Petitioners |
Pioneer Steel Mills Ltd.
|
| Respondents |
Another,
Muhammad Ali
|
| Citations |
1989 SLD 1992,
1989 PLC 882
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A,
38(3)
|