| Case ID |
2bc68f18-612a-41cf-9516-536668bd193a |
| Body |
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| Case Number |
C.P. No. D-608 of 2013 |
| Decision Date |
May 16, 2017 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by M/S IFFCO PAKISTAN (PVT.) LTD. against the order of the Sindh Labour Appellate Tribunal. The Tribunal had reinstated Ghulam Muhammad Farooqui, an employee dismissed for alleged misconduct. The Labour Court found that the inquiry against Farooqui was not conducted fairly, and the allegations were not substantiated. The High Court upheld the Tribunal's findings, establishing that the dismissal lacked proper evidence and the employee's conduct was not deemed riotous or disorderly. The Court emphasized the Labour Court's authority to review the facts and ensure justice in labor disputes, reinforcing the importance of fair inquiry processes in employment matters. |
| Summary |
The case involves a dispute between M/S IFFCO PAKISTAN (PVT.) LTD. and the Sindh Labour Appellate Tribunal regarding the dismissal of Ghulam Muhammad Farooqui. The Tribunal ruled in favor of Farooqui, stating that the inquiry into his alleged misconduct was flawed and the accusations were not proven. The High Court upheld this decision, emphasizing the Labour Court's role in ensuring justice and examining the validity of dismissals. The findings reinforced the need for transparency and fairness in labor inquiries, highlighting the rights of employees to defend themselves against unproven allegations. This case underscores the significance of due process in employment law, particularly under the Industrial Relations Ordinance and the Constitution of Pakistan. Key legal principles discussed include the scope of Labour Court powers and the requirements for valid dismissals, making this case a crucial reference for future labor disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
SINDH LABOUR APPELLATE TRIBUNAL,
M/S IFFCO PAKISTAN (PVT.) LTD.
|
| Judges |
MUHAMMAD IQBAL KALHORO,
ADNAN-UL-KARIM MEMON
|
| Lawyers |
Muhammad Humayoon,
Muhammad Nishat Warsi
|
| Petitioners |
M/S IFFCO PAKISTAN (PVT.) LTD.
|
| Respondents |
SINDH LABOUR APPELLATE TRIBUNAL,
Ghulam Muhammad Farooqui
|
| Citations |
2017 SLD 2925,
2017 PLC 143
|
| Other Citations |
1995 SCMR 1758,
1992 PLC 1109,
1995 PLC 436,
1984 PLC 253,
Abdul Rashid Malik and others v. General Manager, Pakistan Railways and others 1992 PLC 1116
|
| Laws Involved |
Industrial Relations Ordinance, 2002,
Constitution of Pakistan, 1973
|
| Sections |
46,
199
|