| Case ID |
eb7864f8-7747-4c78-9565-1c0cc60ba691 |
| Body |
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| Case Number |
KAR-343 of 1988 |
| Decision Date |
Oct 08, 1989 |
| Hearing Date |
Oct 08, 1989 |
| Decision |
The appeal was dismissed on the grounds that the procedure followed by the employer in dismissing the workman was against the principles of natural justice and the statutory rules. The respondent, Nasim Ahmad Khan, had applied for leave, which was not granted, and was subsequently dismissed without a charge-sheet or inquiry, making the dismissal unsustainable. The Labour Court's decision to allow the grievance petition was upheld as valid. |
| Summary |
This case revolves around the dismissal of a workman, Nasim Ahmad Khan, by the Karachi Development Authority. The key issue was whether the dismissal was lawful, considering the absence of a charge-sheet or inquiry, which violated principles of natural justice. The Labour Appellate Tribunal ruled that the dismissal was not sustainable, emphasizing that the statutory rules of the establishment must be adhered to. The case highlights the importance of due process in employment matters, particularly under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance and the Industrial Relations Ordinance. The ruling reinforces the rights of workers and the necessity for employers to follow proper procedures in disciplinary actions. This case is significant for labor law practitioners and advocates as it sets a precedent for similar cases regarding the dismissal of employees without just cause. The decision serves as a reminder of the legal obligations employers have to their employees, ensuring fair treatment and adherence to established protocols. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Development Authority
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Muhammad Qasim Ali
|
| Petitioners |
Not available
|
| Respondents |
NASIM AHMAD KHAN
|
| Citations |
1991 SLD 413 = 1991 PLC 522
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance,
Industrial Relations Ordinance
|
| Sections |
1(4),
25-A,
2(xviii)
|