| Case ID |
261f9bf4-e2e4-4871-a44b-2d69543fed33 |
| Body |
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| Case Number |
KAR-31 of 1990 |
| Decision Date |
Aug 06, 1990 |
| Hearing Date |
Aug 06, 1996 |
| Decision |
The appeal was allowed, and the dismissal of the appellant was set aside due to the unfair conduct of the inquiry process. The tribunal found that the inquiry was not conducted fairly, and the management had improperly relied on the past conduct of the appellant in their decision to dismiss him. The appellant was ordered to be reinstated with 50% back benefits, highlighting the importance of due process in employment matters. |
| Summary |
This case revolves around the unfair dismissal of ISRARUL HAQUE, a workman and trustee on the Works Council of Messrs MIDWAY HOUSE (PVT.) LIMITED, following allegations of misconduct. Despite being charge-sheeted for altercation and rowdy behavior, the inquiry process lacked fairness and transparency, as crucial witnesses were not examined, and the inquiry officer's impartiality was questioned. The Labour Appellate Tribunal ruled in favor of the appellant, emphasizing the need for fair inquiry processes in industrial relations. The case underscores the significance of protecting workers' rights and ensuring that dismissal decisions are based on substantial evidence and fair procedures, aligning with the principles of the Industrial Relations Ordinance. The decision serves as a precedent for similar cases, reinforcing the legal framework that governs employee rights and employer responsibilities. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs MIDWAY HOUSE (PVT.) LIMITED
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Khalilur Rehman,
Wasi Ahmed
|
| Petitioners |
ISRARUL HAQUE
|
| Respondents |
Messrs MIDWAY HOUSE (PVT.) LIMITED
|
| Citations |
1992 SLD 1152,
1992 PLC 1160
|
| Other Citations |
Islamabad Club v. Muhammad Aslam and others 1982 SCMR 126,
Souvenir Tobacco Co. Ltd. v. Sindh Labour Court No. 2 and others 1987 PLC 8115,
PLD 1977 SC 109,
PLD 1972 SC 25
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|