| Case ID |
42b4db88-3048-4579-a765-c4228845086f |
| Body |
View case body. Login to View |
| Case Number |
KAR-13 of 1984 |
| Decision Date |
Jul 23, 1985 |
| Hearing Date |
Jul 23, 1985 |
| Decision |
The Labour Appellate Tribunal upheld the decision of the Labour Court No. II, Karachi, which dismissed the grievance petition of the appellant, Khista Muhammad. The Tribunal found that the domestic enquiry against the appellant for misconduct, including fraudulent dual employment, was valid and conducted within the legal framework. The appellant's admissions of guilt and the proper recommendations for his dismissal were confirmed, leading to the conclusion that the dismissal was justified under the circumstances. Consequently, the appeal was dismissed, reinforcing the employer's right to take disciplinary action in cases of proven misconduct. |
| Summary |
This case involves the Labour Appellate Tribunal's review of a grievance petition by Khista Muhammad, a permanent Press Operator who faced dismissal due to unauthorized absence and fraudulent double employment. The Tribunal examined the validity of the domestic enquiry conducted by the employer, which revealed that the appellant had simultaneously worked for another establishment while on leave from his primary job. The findings indicated that the employer had followed procedural requirements in addressing the misconduct, including providing the appellant with opportunities to respond to the charges against him. The Tribunal ultimately upheld the dismissal order, emphasizing the importance of adherence to employment laws and the standing orders that govern employee conduct. This case highlights key issues in industrial relations, particularly the implications of misconduct and the legal frameworks that guide disciplinary actions in the workplace. Keywords such as 'industrial relations', 'misconduct', 'employment law', and 'disciplinary action' are pertinent to understanding the broader legal context of this case. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan National Shipping Corporation,
NATIONAL MOTORS Ltd.
|
| Judges |
ALI NAWAZ BUDHANI,
KHISTA MUHAMMAD
|
| Lawyers |
Ch. Rasheed Ahmad,
S. Qamaruddin Hassan
|
| Petitioners |
Khista Muhammad
|
| Respondents |
Messrs NATIONAL MOTORS Ltd., KARACHI
|
| Citations |
1986 SLD 1913,
1986 PLC 134
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
25-A,
15(3)(b)
|