| Case ID |
e16ffb7a-b4b2-4ab8-9fb3-ee944a7af57e |
| Body |
View case body. Login to View |
| Case Number |
Labour Appeal No. 650 of 2003 |
| Decision Date |
Nov 16, 2006 |
| Hearing Date |
Nov 16, 2006 |
| Decision |
The Sindh High Court dismissed the appeal filed by the appellant, who challenged the decision of the Labour Appellate Tribunal regarding his termination. The court held that the inquiry officer's impartiality was not adequately challenged with reliable evidence, and the non-examination of the inquiry officer was not fatal to the case. The Labour Court's decision to not re-examine the evidence from the domestic inquiry was upheld, emphasizing that it is not within the Labour Court's purview to come to a conclusion contrary to the inquiry officer's findings. The allegations of misconduct against the appellant were found to have been sufficiently substantiated during the inquiry, and the procedural requirements regarding the show-cause notice were deemed satisfied. The court concluded that the appeal did not merit further consideration and thus upheld the dismissal. |
| Summary |
This case revolves around the dismissal of an employee, a skilled workman and former propaganda Secretary of the registered CBA Union, who was terminated on allegations of misconduct. The appellant filed a grievance petition which was initially allowed but subsequently dismissed by the Labour Appellate Tribunal. The crux of the case lies in the inquiry conducted against the appellant, where serious allegations of misconduct were raised. The court ruled that the inquiry officer's impartiality was not sufficiently challenged, and the Labour Court's power to re-examine evidence was limited. The legal framework under the Industrial Relations Ordinance, 1969 was thoroughly analyzed, particularly Section 47(3), which pertains to grievance petitions. The decision highlights key aspects of labor law, including the definition of misconduct and the procedural requirements for show-cause notices, reinforcing the importance of due process in employment-related disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
GENERAL TYRE & RUBBER COMPANY OF PAKISTAN LTD.
|
| Judges |
MRS. QAISER IQBAL, JUSTICE,
AKHTAR MUNEER
|
| Lawyers |
Mr. Shafiq Qureshi,
Mr. Mehmood Abdul Ghani
|
| Petitioners |
MRS. QAISER IQBAL
|
| Respondents |
GENERAL TYRE & RUBBER COMPANY OF PAKISTAN LTD., KARACHI THROUGH ITS SENIOR MANAGER
|
| Citations |
2010 SLD 1041,
2010 PLJ 19
|
| Other Citations |
1999 SCMR 779,
1987 PLC 987,
1984 SCMR 143
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
47(3)
|