| Case ID |
3ba29526-9972-4206-88f1-df277d2157f5 |
| Body |
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| Case Number |
Petition No. 50 of 1986 |
| Decision Date |
Oct 03, 1988 |
| Hearing Date |
|
| Decision |
The petition was accepted as the court found that the employer failed to produce any evidence to justify the dismissal of the petitioner. The inquiry conducted was deemed inadequate as the Inquiry Officer was not present to testify, and the petitioner was not provided a copy of the inquiry report. The court ruled that the petitioner was a workman and thus entitled to reinstatement with all back benefits due to a lack of incriminating evidence against him. The final decision emphasized the importance of proper inquiry procedures in employment disputes. |
| Summary |
In the case of Petition No. 50 of 1986, the Labour Appellate Tribunal of Punjab ruled on the reinstatement of Muhammad Iftikhar Hussain, who was dismissed from his position at the National Industrial Cooperative Finance Corporation Ltd. The decision hinged on the provisions of the Industrial Relations Ordinance, specifically Section 25-A, which governs dismissal and reinstatement of employees. The petitioner argued that the dismissal was unjustified due to the absence of evidence supporting allegations of embezzlement. The employer failed to provide witnesses or documentation to substantiate their claims. The court highlighted the necessity for a fair inquiry process, determining that the petitioner was indeed a workman under the law and entitled to back benefits. This case underscores the significance of procedural fairness in employment law and the rights of employees against wrongful termination. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Muhammad Iftikhar Hussain,
National Industrial Cooperative Finance Corporation Ltd.
|
| Judges |
Saleem Aftab Sheikh, Presiding Officer,
Muhammad Iftikhar Hussain
|
| Lawyers |
M.G. Saadullah Mumtaz,
Sardar Asmat Ullah
|
| Petitioners |
Muhammad Iftikhar Hussain
|
| Respondents |
National Industrial Cooperative Finance Corporation Ltd.
|
| Citations |
1989 SLD 2310,
1989 PLC 626
|
| Other Citations |
1978 P L C 233,
1983 P L C 1107,
1979 S C M R 24
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A
|