| Case ID |
2ceebd17-b65f-4f0b-ab98-ff2bc8a98022 |
| Body |
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| Case Number |
Appeal No. 186 of 1975 |
| Decision Date |
Jun 16, 1975 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the court found no merit in the arguments presented. The appellant's dismissal was upheld based on the findings that the hunger strike led to incitement among other workers, affecting the factory's operation. The court ruled that a composite enquiry was permissible in this case, as no prejudice was demonstrated against the appellant. The court maintained that the actions of the appellant constituted misconduct under the relevant ordinances, and thus, the dismissal was justified. |
| Summary |
This case revolves around an appeal made by SABIR HUSSAIN against RACHNA TEXTILE MILLS regarding his dismissal due to participating in a hunger strike. The Labour Appellate Tribunal evaluated the legality of the dismissal under the Industrial Relations Ordinance and the Standing Orders Ordinance. The crux of the case was whether the hunger strike constituted misconduct and if the composite enquiry was valid. The court concluded that the actions of the appellant disrupted the factory's operations and incited other workers, thus falling under the definition of an illegal strike. The decision underscores the importance of adhering to workplace regulations and the consequences of actions that disrupt industrial harmony. It highlights the legal frameworks governing labor disputes and the interpretations of misconduct in industrial relations. This case serves as a pivotal reference for future labor disputes and the legal expectations surrounding employee conduct during industrial actions. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
RACHNA TEXTILE MILLS
|
| Judges |
RAI ABDUR RAZZAQUE KHAN
|
| Lawyers |
Sadiq Muhammad Waraich,
Raja Muhammad Akbar
|
| Petitioners |
SABIR HUSSAIN
|
| Respondents |
RACHNA TEXTILE MILLS
|
| Citations |
1976 SLD 772 = 1976 PLC 376
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
2(xii),
15
|