| Case ID |
4647428f-ec40-4729-adea-53ce96de65e5 |
| Body |
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| Case Number |
KAR-107 of 1983 |
| Decision Date |
Nov 15, 1983 |
| Hearing Date |
Aug 09, 1983 |
| Decision |
The appeal was dismissed as the Labour Appellate Tribunal upheld the findings of the Sind Labour Court regarding the misconduct of the appellant, BARZA. The Tribunal found that the domestic inquiry was conducted fairly, with sufficient evidence supporting the charges against the appellant. The standards of proof applicable in domestic inquiries were clarified, emphasizing that they differ from those in criminal or civil cases. The Tribunal also ruled that the refusal to allow representation by an advocate was in accordance with the Standing Orders Ordinance. The evidence presented was found to be credible and reliable, leading to the conclusion that the appellant's actions constituted misconduct. |
| Summary |
The case revolves around an industrial dispute involving BARZA, a permanent workman at STAR TEXTILE MILLS LTD., who was dismissed for misconduct after an inquiry. The appellant was accused of assaulting his Shift Incharge, Abdul Razzaq, during a dispute over leave approval. The Labour Court found that the inquiry was conducted properly, with the necessary evidence collected despite the appellant's evasive behavior during proceedings. The Tribunal reinforced that the standards of proof in domestic inquiries are less stringent than those in criminal or civil cases. The refusal to allow the appellant to be represented by an advocate was deemed appropriate under the relevant standing orders. The decision emphasizes the importance of adherence to procedural norms in labor disputes and the need for a clear understanding of rights within such inquiries, making it a significant case in labor law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Abdul Razzaq,
Abdul Sattar,
Sind Labour Court No. III, Karachi,
Abdul Mateen,
Mr. Absar Ahmed
|
| Judges |
G. M. Kourepo
|
| Lawyers |
Shafique Qureshi,
Riaz Hussain Baloch
|
| Petitioners |
BARZA
|
| Respondents |
STAR TEXTILE MILLS LTD.
|
| Citations |
1984 SLD 1247,
1984 PLC 576
|
| Other Citations |
1980 PLC 178,
PLD 1983 Lah. 206
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
25-A,
38 (3),
S.O. 15 (4)
|