| Case ID |
42976a11-2c33-416e-886a-494cca645013 |
| Body |
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| Case Number |
HYD-356 to 374 of 1977 |
| Decision Date |
Nov 28, 1977 |
| Hearing Date |
Nov 28, 1977 |
| Decision |
The Tribunal dismissed the 19 appeals filed by the Textile Corporation of Pakistan Ltd. against the dismissal of 19 workers. The Tribunal found that the inquiry process was flawed as the Inquiry Officer had been a witness against some of the respondents, thus compromising impartiality. The Tribunal also upheld the Labour Court's decision that the workers had been unjustly dismissed and were entitled to reinstatement with back benefits, rejecting the Management's arguments regarding the legality of the strike and the delay in the case. |
| Summary |
The case revolves around an industrial dispute involving the Textile Corporation of Pakistan Ltd. and 19 workers who were dismissed following a strike on January 22, 1975. The workers had requested a holiday for the 9th day of Moharram, which was denied by the management. After the workers went on strike, the management declared a lock-out. The Labour Court initially ruled the strike illegal and the lock-out legal. However, the High Court later determined that the strike was, in fact, an unauthorized absence. The workers were dismissed following a domestic inquiry that was criticized for lack of impartiality. The Labour Appellate Tribunal ultimately ruled in favor of the workers, reinstating them and granting back benefits, emphasizing that the delay in proceedings was attributable to the management's actions. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Supreme Court of Pakistan,
TEXTILE, CORPORATION OF PAKISTAN LTD.,
VIth Sind Labour Court at Hyderabad
|
| Judges |
H. T. RAYMOND
|
| Lawyers |
Ghulam Shah,
Fasahat Hussain Rizvi
|
| Petitioners |
TEXTILE, CORPORATION OF PAKISTAN LTD., HYDERABAD
|
| Respondents |
MEHBOOB ALI,
18 OTHERS
|
| Citations |
1979 SLD 977,
1979 PLC 209
|
| Other Citations |
1975 P L C 70,
1977 P L C 162
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A
|