| Case ID |
42c3d0fa-8004-4a05-8a56-f17500790452 |
| Body |
View case body. Login to View |
| Case Number |
SUK-293 of 1988 |
| Decision Date |
Nov 30, 1988 |
| Hearing Date |
Nov 30, 1988 |
| Decision |
The appeal was directed against the order dated 28-8-1988, passed by the learned Presiding Officer of the Sind Labour Court No. VII at Sukkur. The Labour Court had partially allowed the grievance application of the appellant by ordering reinstatement but denied back benefits. The appellant, employed as a peon, was removed from service without charge-sheet or inquiry. The Labour Court found the termination illegal but did not grant back benefits. The Tribunal concluded that the Labour Court failed to provide justifiable reasons for denying back benefits despite ruling the termination void. The Tribunal decided that the appellant was entitled to full back benefits due to the lack of proper procedure followed by the respondent. The appeal was thus allowed, and the respondent was directed to pay full back benefits within three months. |
| Summary |
The case involves a grievance petition filed by a workman against his dismissal from service without a proper inquiry or charge-sheet. The Labour Court initially reinstated the workman but denied back benefits, leading to an appeal. The Labour Appellate Tribunal ruled that the termination was illegal and ordered full back benefits to be paid. This case highlights the importance of following due process in employment terminations and the rights of workers under the Industrial Relations Ordinance. Key legal principles discussed include the necessity of a charge-sheet and inquiry before dismissing an employee, and the discretionary powers of Labour Courts in awarding back benefits. The decision underscores the protection of workers' rights and the obligation of employers to adhere to legal standards. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
UNITED BANK LTD.,
|
| Judges |
AHMED ALI U. QURESHI,
ABDUL MUNEER
|
| Lawyers |
,
Sadiq Khan
|
| Petitioners |
|
| Respondents |
another,
UNITED BANK LTD.
|
| Citations |
1989 SLD 2520,
1989 PLC 985
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
25-A,
38(3),
S.O. 15(4)
|