Legal Case Summary

Case Details
Case ID 3815a5b5-1f2c-4083-8b23-4a1750149414
Body View case body.
Case Number KAR-170 of 1986
Decision Date Aug 10, 1986
Hearing Date Aug 10, 1986
Decision This appeal was filed by Karachi Transport Corporation against an order dated 12-5-1986 from the Sind Labour Court No. 11, Karachi, which had accepted the grievance petition of the respondent under section 25-A of the I.R.O., 1969. The respondent, a conductor for the Corporation, was accused of misconduct for not issuing tickets while collecting fares from passengers. The Tribunal found that the Corporation failed to provide independent witnesses or confront the passengers to substantiate the charges. Hence, it upheld the Labour Court's decision but did not allow back benefits to the respondent. The appeal was dismissed.
Summary The case revolves around the dismissal of a workman, Syed Zulfiqar Hyder, who was employed as a conductor by the Karachi Transport Corporation. He was charged with misconduct for allegedly collecting fares without issuing tickets. The Labour Court ruled in favor of the respondent, stating that the Corporation failed to establish the charges due to lack of evidence and independent witnesses. The appeal by the Corporation was dismissed by the Labour Appellate Tribunal, which upheld the Labour Court's decision, emphasizing the importance of proper evidence in domestic inquiries. This case highlights key issues in labor law, particularly regarding the rights of workers and the obligations of employers to substantiate claims of misconduct. Keywords: labor law, misconduct, grievance petition, employee rights, evidence in labor disputes.
Court Labour Appellate Tribunal, Sindh
Entities Involved Karachi Transport Corporation
Judges ALI NAMAZ BUDHANI
Lawyers Azmatullah Khan
Petitioners DISTRICT MANAGER, KARACHI TRANSPORT CORPORATION
Respondents Syed ZULFIQAR HYDER
Citations 1987 SLD 962, 1987 PLC 53
Other Citations Not available
Laws Involved Industrial Relations Ordinance (XXIII of 1969)
Sections 25-A, 38(3)