| Case ID |
3ce002fa-f77f-49d7-83b9-5a24c0374eef |
| Body |
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| Case Number |
Writ Petition No. 3133 of 1979 |
| Decision Date |
May 05, 1980 |
| Hearing Date |
May 05, 1980 |
| Decision |
The Lahore High Court upheld the order of the Labour Court allowing the petitioner to summon the record that was not summoned in the domestic inquiry, thereby reversing the Labour Appellate Tribunal's order. The Court ruled that the Labour Court had the jurisdiction to review the dismissal order and consider the evidence presented by the petitioner, which was crucial for determining whether the misconduct allegations were justified. The case emphasizes the Labour Court's authority to examine the facts beyond the domestic inquiry findings, establishing a framework for fair adjudication of grievances in employment disputes. |
| Summary |
In the landmark case of Writ Petition No. 3133 of 1979, decided by the Lahore High Court on May 5, 1980, the court addressed critical issues surrounding the Industrial Relations Ordinance of 1969, particularly Section 25.A(5). The case involved a petitioner whose employment was terminated on allegations of misconduct, including abusive behavior and attempted violence against a senior engineer. The petitioner contended that he was wrongfully dismissed as he was not present at the time of the alleged misconduct due to his night shift schedule. The Labour Court initially allowed the petitioner to summon evidence that was not considered during the domestic inquiry, but this decision was overturned by the Labour Appellate Tribunal. The High Court ultimately upheld the Labour Court's authority to review the dismissal and to allow the introduction of new evidence, reinforcing the importance of fair treatment in employment matters. This case serves as a precedent for the rights of employees to contest their termination and to seek justice within the Labour Court framework. It highlights the balance between employer authority and employee rights, ensuring that grievances are adequately addressed in accordance with legal standards. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM, J
|
| Lawyers |
Ch. Ghulam Qadir for Petitioners,
Nemo for Respondents Nos. 1 and 2,
Javed Altaf for Respondents Nos. 3 and 4
|
| Petitioners |
MUHAMMAD ARIF AND OTHERS
|
| Respondents |
PUNJAB LABOUR APPELLATE TRIBUNAL AND 2 OTHERS
|
| Citations |
1985 SLD 2099,
1985 PLC 733
|
| Other Citations |
Crescent Jute Products Ltd. Jaranwala v. Muhammad Yaqoob etc. N L R 1979 Labour S C
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25.A(5)
|