| Case ID |
2cf1ea35-2e22-4b2f-8ea5-88072e339fc5 |
| Body |
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| Case Number |
RI-625 of 1984 |
| Decision Date |
Dec 23, 1985 |
| Hearing Date |
Dec 21, 1985 |
| Decision |
The appeal is partly accepted, modifying the impugned decision of the learned lower Court. The respondent is disallowed back benefits. The dismissal order was not sustainable as only 5 out of 9 charges were proved, and it was held that the employer may have prescribed some other punishment short of dismissal if only 5 charges were found valid. The evidence presented did not sufficiently support the remaining charges, leading to the conclusion that the employer's decision was excessive. |
| Summary |
This case revolves around the dismissal of an employee, Muhammad Abdul Ghafoor Khan, from Allied Bank of Pakistan Ltd. due to alleged misconduct. The Labour Appellate Tribunal evaluated the evidence against the respondent, determining that only 5 out of the 9 charges could be substantiated. The Tribunal highlighted that the evidence was insufficient for the remaining charges, indicating a lack of original documents and credible witness identification. As a result, it was concluded that the employer might have opted for a lesser punishment had only 5 charges been upheld. The Tribunal's decision emphasized the importance of fair inquiry processes and the necessity for employers to substantiate claims with adequate evidence. The case underscores the balance between employee rights and employer responsibilities in disciplinary actions. Keywords related to employee rights, workplace misconduct, and legal remedies are trending in this context. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Not available
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| Lawyers |
Muhammad Afzal Siddiqi,
Imtiaz Muhammad Khan
|
| Petitioners |
MUHAMMAD ABDUL GHAFOOR KHAN,
ALLIED BANK OF PAKISTAN Ltd.
|
| Respondents |
EJAZ AHMAD ABBASI
|
| Citations |
1986 SLD 2149,
1986 PLC 617
|
| Other Citations |
1981 P L C 981
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| Laws Involved |
Not available
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| Sections |
Not available
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