| Case ID |
44cbb2b6-c7c1-451a-bb14-80080f6010cf |
| Body |
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| Case Number |
Constitutional Petition No. 1318 of 1974 |
| Decision Date |
Jan 14, 1977 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the Constitutional Petition filed by Abdul Aziz Khan against Pakistan Cables Ltd., which sought reinstatement following his dismissal for alleged misconduct related to theft. The court found that while the dismissal contravened certain provisions of the law, the petitioner had not been denied a reasonable opportunity to defend himself. The court upheld the Appellate Tribunal's award of compensation instead of reinstatement, concluding that the petitioner had effectively resigned by not contesting the charges adequately. |
| Summary |
In the case of Abdul Aziz Khan vs. Pakistan Cables Ltd., the Sindh High Court addressed the dismissal of an employee under the Industrial Disputes Ordinance. The court examined the procedural fairness of the domestic inquiry that led to Khan's dismissal for alleged theft of company property. Although the court recognized violations in the inquiry process, it ruled against reinstatement due to the petitioner's lack of adequate defense during the proceedings. The case highlights key issues of natural justice, employer-employee relations, and the enforcement of labor laws. Keywords include: Industrial Disputes, Employment Rights, Dismissal Procedures, Compensation, Legal Representation, and Administrative Justice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
I. MAHMUD,
Z.A. CHANNA
|
| Lawyers |
Mumtazuddin
|
| Petitioners |
Abdul Aziz Khan
|
| Respondents |
2 Others,
Messrs Pakistan Cables Ltd., Karachi
|
| Citations |
1977 SLD 1971,
1977 PLC 485
|
| Other Citations |
P L D 1973 Kar. 216
|
| Laws Involved |
Industrial Disputes Ordinance, (LVI of 1959)
|
| Sections |
31
|