| Case ID |
36f61026-de5a-4a11-b73d-1f06e1d2bb2f |
| Body |
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| Case Number |
QSA-207 of 1989 |
| Decision Date |
May 02, 1989 |
| Hearing Date |
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| Decision |
The appeal was dismissed as the workman did not participate in the inquiry process, which was justified given that the workman walked out after initial statements were recorded. The inquiry was conducted ex parte, and the evidence presented during it supported the allegations in the charge-sheet. The court upheld the dismissal order, stating that the workman failed to provide any defense or evidence to counter the claims against him, leading to the conclusion that the inquiry officer and dismissing authority acted within their rights. |
| Summary |
This case revolves around an industrial dispute concerning the dismissal of a workman, who was accused of inciting workers against management and threatening violence. The workman's absence during the inquiry proceedings led to an ex parte decision against him. Despite his claims of an unacknowledged request to change the inquiry officer, he failed to provide substantial evidence to support his claims. The court upheld the dismissal, emphasizing the importance of participation in inquiry processes within labor disputes. Key aspects include the implications of non-participation in labor inquiries, the role of evidence in dismissal cases, and the judicial principles governing industrial relations. Keywords: industrial dispute, dismissal, labor law, inquiry process, evidence in labor cases. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi,
Sharif Hussain Shah
|
| Lawyers |
A.B. Malik,
Khurshid Ahmad Mian
|
| Petitioners |
SHARIF HUSSAIN SHAH
|
| Respondents |
BISVIL SPINNERS LTD.
|
| Citations |
1990 SLD 1444,
1990 PLC 521
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| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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