| Case ID |
3230507e-8542-4eed-902b-58bd431b9566 |
| Body |
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| Case Number |
Appeals Nos. D. G. Khan-546 and 547 of 1983 |
| Decision Date |
Dec 17, 1984 |
| Hearing Date |
Dec 09, 1984 |
| Decision |
The appeals were partly accepted, allowing the reinstatement of the respondents, Mian Muhammad Afzal and Shamsher Ahmad, who were found to have been wrongfully dismissed. The Labour Court's directive for their reinstatement was upheld due to procedural deficiencies in the inquiry against them. However, the court ruled that the respondents failed to prove they were unemployed after dismissal, thus disallowing back benefits. The court emphasized that the Wage Commission's decisions are applicable under the Industrial Relations Ordinance, and a dismissed employee can still be considered a workman for the purposes of filing a petition. |
| Summary |
This case revolves around the appeals made by the National Bank of Pakistan against the decisions of the Punjab Labour Court, which ordered the reinstatement of two employees accused of misappropriation. The court found that the inquiry conducted against the employees was flawed, lacking proper cross-examination and defense opportunities. It was determined that the Wage Commission's decisions, once published, are deemed awards under the Industrial Relations Ordinance, allowing for grievances to be filed based on violations. The ruling underscored that dismissed employees retain their status as workmen, thus preserving their right to challenge wrongful dismissals. The case highlights important aspects of labor rights and the procedural requirements in disciplinary inquiries, making it a significant reference point for labor law in Pakistan. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
National Bank of Pakistan,
Mian Muhammad Afzal,
Shamsher Ahmad
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Javed Altaf
|
| Petitioners |
,
National Bank of Pakistan
|
| Respondents |
Mian Muhammad Afzal,
Shamsher Ahmad
|
| Citations |
1985 SLD 1979,
1985 PLC 587
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A,
38-D,
2 (xxviii)
|