| Case ID |
35fdf6c4-d61c-4fb8-a311-2ae937a6472e |
| Body |
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| Case Number |
KAR-78 of 1985 |
| Decision Date |
Aug 25, 1986 |
| Hearing Date |
Aug 25, 1986 |
| Decision |
The appeal filed by the Karachi Transport Corporation against the order dated 22-1-1985, passed by the Sind Labour Court No. IV, Karachi, was dismissed. The Labour Court had allowed the grievance petition of the respondent, Mitho Khan, under section 25-A of the Industrial Relations Ordinance, 1969. The court found that the respondent was not guilty of the alleged misconduct of causing an accident while driving the bus, as the evidence presented was insufficient to substantiate the claims against him. The decision of the Labour Court was upheld, confirming that the dismissal was unjustified and that the respondent had a clean record of service for over 16 years. |
| Summary |
This case revolves around the dismissal of Mitho Khan, a driver for the Karachi Transport Corporation, who was accused of causing an accident that resulted in fatalities. The case highlights the principles of fair hearing and due process in labor relations, particularly under the Industrial Relations Ordinance, 1969. The Labour Appellate Tribunal found that the respondent's dismissal was based on insufficient evidence and procedural irregularities, as he was not given a fair chance to defend himself. The Tribunal emphasized the importance of a clean service record and fair treatment in employment disputes. This case serves as a significant reference for labor law practitioners regarding grievance petitions and the necessary procedural safeguards that must be adhered to during disciplinary actions. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Transport Corporation
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Raza Hussain Hydri,
Ch. Rasheed Ahmad
|
| Petitioners |
District Manager, Karachi Transport Corporation, Karachi
|
| Respondents |
MITHO KHAN
|
| Citations |
1987 SLD 951,
1987 PLC 37
|
| Other Citations |
District Manager, Karachi Transport Corporation v. Taj Bareen Appeal No.70 of 1985
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|