| Case ID |
464ca64c-bbd1-4bb7-a129-45f7da536e1b |
| Body |
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| Case Number |
W.P. No. 4365 of 1990 |
| Decision Date |
Jan 12, 1993 |
| Hearing Date |
Jan 12, 1993 |
| Decision |
The Lahore High Court dismissed the writ petition filed by the petitioner, NABI SHER KHAN, against the order of the Punjab Labour Appellate Tribunal, which had set aside the dismissal of Riasat Ali Azad and ordered his reinstatement. The court found that the second show-cause notice was not required according to the provisions of the Wage Commission's Award. The absence of the employee's statement to the competent authority before the dismissal rendered the dismissal unsustainable. The decision emphasized the importance of following due process and natural justice in disciplinary actions. |
| Summary |
In the case of W.P. No. 4365 of 1990, the Lahore High Court dealt with the dismissal of an employee from a bank, Riasat Ali Azad, who was dismissed following an inquiry into allegations of misconduct, including absence from duty and quarreling with a customer. The Punjab Labour Appellate Tribunal ordered his reinstatement without back benefits, which was challenged by the bank in the High Court. The main legal question revolved around the necessity of issuing a second show-cause notice before dismissal. The High Court ruled that the provisions of the Wage Commission's Award did not mandate such a notice and that the employee's statement was not considered in the inquiry process. The court reaffirmed the principles of natural justice, highlighting that proper procedures must be followed in disciplinary actions to ensure fairness. This case underscores the importance of adhering to established guidelines in employee management and the need for transparent inquiry processes within organizations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN, J
|
| Lawyers |
Javed Altaf,
S.M. Idrees
|
| Petitioners |
NABI SHER KHAN
|
| Respondents |
Riasat Ali Azad
|
| Citations |
1993 SLD 1468,
1993 PLC 724
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A
|