| Case ID |
2c59f2c5-5152-4cb7-97a9-c05d113c45d6 |
| Body |
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| Case Number |
Appeals Nos.MN-66 and O.A.-111 of 1989 |
| Decision Date |
Apr 05, 1989 |
| Hearing Date |
|
| Decision |
The appeals were disposed of together as they emerged from the same decision of the learned Presiding Officer, Punjab Labour Court No.9, Multan. The respondent, Mubarik Ali, was dismissed from service without a proper inquiry following the charge-sheet issued against him. The Appellate Tribunal held that the dismissal was not sustainable as it violated the principles of natural justice and relevant standing orders. The court ruled that the respondent was prejudiced by the lack of a proper inquiry and therefore the order of dismissal was set aside. The appeal of the appellants was dismissed while the appeal of the respondent was accepted, thus allowing back benefits to the respondent. |
| Summary |
In this significant case heard by the Labour Appellate Tribunal, Punjab, the dismissal of Mubarik Ali Wattoo, an accounts assistant, was scrutinized under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance and the Industrial Relations Ordinance. The case focused on the violation of natural justice principles due to the absence of a proper inquiry after the charge-sheet was issued. The respondent was accused of misconduct but was not given a fair chance to defend himself, leading to the Tribunal ruling that the dismissal was unjust and reinstatement along with back benefits was warranted. This case highlights the critical importance of adherence to procedural fairness in employment disputes and serves as a precedent for similar cases in the future, emphasizing workers' rights under labor laws. Key terms include 'natural justice', 'dismissal', 'back benefits', 'industrial dispute', and 'employment law'. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
House Building Finance Corporation
|
| Judges |
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
M. Iqbal Khan for Appellant,
Arshad Munir for Respondent
|
| Petitioners |
MUBARIK ALI WATTOO
|
| Respondents |
MANAGING DIRECTOR, HOUSE BUILDING FINANCE CORPORATION, KARACHI,
ZONAL MANAGER, HOUSE BUILDING FINANCE CORPORATION
|
| Citations |
1989 SLD 1474,
1989 PLC 657
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
S.O.15(4),
Ss.25-A,
38(3)
|