| Case ID |
265f5d22-f939-4538-8465-26d7577c4777 |
| Body |
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| Case Number |
RI 382 of 1998 |
| Decision Date |
Sep 25, 1999 |
| Hearing Date |
|
| Decision |
The appeal was directed against the decision rendered by the learned Labour Court, Rawalpindi, which accepted the grievance petition of Safdar Hussain Shah. The case involved allegations of theft against the employee, Safdar Hussain, who was dismissed from service after an inquiry conducted by the employer's staff. The Tribunal found that the inquiry was biased and not conducted by impartial officers, leading to the conclusion that the charge of theft was unproven. The Tribunal emphasized the importance of fair and unbiased inquiries in such cases, affirming that the dismissal was unjustifiable and based on insufficient evidence. The appeal was dismissed with costs, and the decision of the lower court was upheld. |
| Summary |
In the case of Safdar Hussain Shah vs. Lakson Tobacco Company Limited, the Labour Appellate Tribunal examined a dismissal case where the employee was accused of theft. The Tribunal highlighted the critical need for impartiality in workplace inquiries, emphasizing that biased investigations can lead to unjust outcomes. The case involved allegations that the employee had stolen bundles of cigarettes, with no physical evidence supporting the claim. The Tribunal underscored the role of the Labour Courts in protecting workers' rights and ensuring fair treatment in disciplinary actions. This case reinforces the significance of adherence to proper legal procedures in employment disputes, shedding light on the complexities of industrial relations and the need for equitable justice. Keywords include 'employment law', 'industrial relations', 'workplace fairness', 'disciplinary action', and 'workers' rights'. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Lakson Tobacco Company Limited,
Factory Manager
|
| Judges |
Mian Ghulam Ahmad
|
| Lawyers |
|
| Petitioners |
Safdar Hussain Shah
|
| Respondents |
Messrs Lakson Tobacco Company Limited through Factory Manager
|
| Citations |
2000 SLD 1610,
2000 PLC 271
|
| Other Citations |
1994 PLC 497
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
25 A,
S.O. 15(3)(b) & (4)
|