| Case ID |
74fdf0d5-997f-4619-b393-5cdde4ccc111 |
| Body |
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| Case Number |
Revision Petition No. JG-236 of 1984 |
| Decision Date |
Oct 22, 1984 |
| Hearing Date |
Oct 20, 1984 |
| Decision |
The order dated 22nd September, 1984 passed by the Presiding Officer, Punjab Labour Court No. 5, Faisalabad, refusing to stop the respondent from deciding the enquiry, is reported to be illegal and without jurisdiction. The argument presented by the learned counsel for the petitioner was that the allegations do not constitute misconduct, thus the respondent should be prevented from imposing any punishment prior to the resolution of the main application under section 25-A. It was noted that one of the allegations was that the petitioner, as the custodian of the respondent's property, failed to implement security measures which led to pilferage. This charge of neglect of duty was deemed to prima facie constitute misconduct. Consequently, the petitioner was found to lack a prima facie case, and the request for a temporary injunction was rightly denied. As a result, the revision was dismissed in limine. |
| Summary |
In the case of DILMIR KHAN vs PUNJAB AGRICULTURAL DEVELOPMENT AND SUPPLIES CORPORATION SARGODHA DIVISION, the Labour Appellate Tribunal of Punjab addressed allegations of misconduct against a store supervisor regarding security negligence leading to property pilferage. The tribunal upheld the Labour Court's decision, emphasizing the significance of maintaining security measures in industrial relations. The ruling highlighted the importance of the West Pakistan Industrial and Commercial Employment Ordinance and the Industrial Relations Ordinance in addressing workplace misconduct. This case underscores the legal implications of neglecting duties as a custodian of property, reminding employers and employees alike of their responsibilities. Legal practitioners should note the relevance of section 25-A and the standards for misconduct evaluation in employment disputes. This case serves as a critical reference for labor law interpretations and the enforcement of disciplinary measures within organizations. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
Malik Muhammad Asghar
|
| Petitioners |
DILMIR KHAN
|
| Respondents |
PUNJAB AGRICULTURAL DEVELOPMENT AND SUPPLIES CORPORATION SARGODHA DIVISION
|
| Citations |
1985 SLD 2092,
1985 PLC 724
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
15(3),
25-A,
38(3-a)
|