| Case ID |
321331fe-c651-43b6-b6b0-a81dc2cbb3bd |
| Body |
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| Case Number |
Appeals Nos. RYK-278 to 284 of 1984 |
| Decision Date |
Jul 18, 1984 |
| Hearing Date |
Jul 11, 1984 |
| Decision |
The appeals were dismissed as the appellants were bound by the statement made on special oath, which was agreed upon. The court held that the authority authorized to administer a conventional oath can also administer a special oath as agreed between the parties. The arguments presented by the appellants regarding the legality of the special oath and the absence of willfulness in their non-attendance were found to lack merit. The Labour Court, as a special tribunal, had the authority to administer the special oath, and the decision was justified based on the evidence presented and the agreement reached between the parties. |
| Summary |
This case involves the appeals of Maqbool Ahmad Gill and others against their dismissal from service due to alleged misconduct as per the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The key issue revolved around the validity of a special oath taken by the Enquiry Officer, Saleemullah, regarding the inquiry process that led to the appellants' dismissal. The appellants contended that no proper inquiry was conducted and that the Labour Court had no authority to administer a special oath. However, the tribunal ruled that the authority to administer such oaths exists, and the appellants were bound by their own agreement to settle the dispute through a special oath. The decision emphasizes the legal standing of special oaths in labor disputes and the importance of adherence to procedural agreements between parties. Keywords related to labor law, misconduct, special oath, and tribunal authority are included to enhance SEO optimization. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Abbasi Textile Mills Ltd.
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Aqa Asif Jafary,
Ch. Imtiaz Ahmad
|
| Petitioners |
6 Others,
Maqbool Ahmad Gill
|
| Respondents |
General Manager, Abbasi Textile Mills Ltd., Rahimyarkhan
|
| Citations |
1985 SLD 1971,
1985 PLC 580
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
S. O. 15
|