| Case ID |
31d2b3a5-02e6-4f4a-bf4f-61fad619b269 |
| Body |
View case body. Login to View |
| Case Number |
MN-776 of 2009 |
| Decision Date |
Sep 14, 2010 |
| Hearing Date |
Aug 26, 2010 |
| Decision |
The appeal was accepted, overturning the Labour Court's decision to dismiss the grievance petition filed by the appellant against termination. The Labour Appellate Tribunal found that the employee, having served for more than four years in a position of permanent nature, was entitled to a regular enquiry before termination. The Tribunal noted that no enquiry had been conducted regarding the allegations of corruption and misconduct against the employee, rendering the Labour Court's decision devoid of merit. The Tribunal instructed the respondent department to conduct a fresh regular enquiry within four months, with the question of back-benefits to be determined based on the outcome of that enquiry. |
| Summary |
This case revolves around the termination of an employee, Muhammad Ramzan, who was employed on a contract basis by Multan Electric Power Company Limited. The Labour Court dismissed his grievance petition against the termination, arguing that as a contract employee, his unsatisfactory performance justified non-renewal of his contract. However, the Labour Appellate Tribunal found that after serving over four years in a permanent capacity, the employee was entitled to protections under labour laws, including a fair inquiry before dismissal. The Tribunal emphasized that the absence of a proper enquiry into the allegations of misconduct rendered the dismissal unjust. This case underscores the importance of adhering to legal procedures in employment matters, particularly when allegations of misconduct are involved. Keywords such as 'termination', 'employment law', 'labour rights', and 'employee protections' highlight the core issues of this case and are essential for SEO optimization. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
MULTAN ELECTRIC POWER COMPANY LIMITED
|
| Judges |
ABDUL HAFEEZ CHEEMA (CHAIRMAN),
MUHAMMAD RAMZAN
|
| Lawyers |
Mukhtar Ahmed Malik,
Rao Muhammad Iqbal
|
| Petitioners |
MUHAMMAD RAMZAN
|
| Respondents |
MULTAN ELECTRIC POWER COMPANY LIMITED through Chief Executive and another
|
| Citations |
2011 SLD 1660,
2011 PLC 365
|
| Other Citations |
1999 SCMR 2331,
1997 PLC (C.S.) 873
|
| Laws Involved |
Industrial Relations Ordinance, 2002,
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
46,
S.O.15
|