| Case ID |
2d3f9af2-3236-4783-a894-46cff30edae3 |
| Body |
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| Case Number |
18(55) of 1980-NIRC |
| Decision Date |
Oct 07, 1980 |
| Hearing Date |
|
| Decision |
The applicant, Rao Muhammad Khalil, was found to have been illegally dismissed from his position. The court directed the respondents to reinstate him with continuity of service, although the period following his dismissal was to be treated as leave without pay. The decision emphasized the lack of evidence in support of the misconduct allegations and highlighted procedural failings in the inquiry process. The court ruled that the charge-sheet served was time-barred, and the dismissal was thus invalid. |
| Summary |
In the case of Rao Muhammad Khalil vs. Pakistan Steel Mills Corporation Ltd., the National Industrial Relations Commission addressed the illegal dismissal of the petitioner under the Pakistan Essential Services (Maintenance) Act. The petitioner was accused of misconduct relating to a vehicular incident but argued that the charge-sheet was issued beyond the permissible time frame, rendering it invalid. The Commission found that the inquiry conducted was inadequate, as no evidence was recorded, and the inquiry officer did not fulfill his duty to properly investigate the allegations. Ultimately, the Commission ruled in favor of the petitioner, ordering reinstatement and recognizing the procedural shortcomings that led to the dismissal. This case highlights the importance of due process and timely action in employment-related disputes, especially under essential services regulations. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Pakistan Steel Mills Corporation Ltd.
|
| Judges |
S. Rais Ahmed,
Jafri
|
| Lawyers |
Not available
|
| Petitioners |
Rao Muhammad Khalil
|
| Respondents |
Messrs Pakistan Steel Mills Corporation Ltd.
|
| Citations |
1981 SLD 2147,
1981 PLC 265
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Essential Services (Maintenance) Act,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance
|
| Sections |
6,
VI of 1968, S. O. 15
|