Case ID |
ed47a553-c7df-4ef6-a55e-33fe86fd06b2 |
Body |
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Case Number |
KAR-447 of 1991 |
Decision Date |
May 31, 1993 |
Hearing Date |
May 30, 1993 |
Decision |
The appeal was allowed, and the order of dismissal was set aside due to lack of evidence against the employee. The employee, who had been wrongfully dismissed on allegations of instigating a vilification campaign, was reinstated with full back benefits. The tribunal found that there was no direct evidence linking the employee to the misconduct, and the charge against him was unsubstantiated. |
Summary |
In the case of KAR-447 of 1991, the Labour Appellate Tribunal addressed a significant industrial dispute involving wrongful dismissal. The employee was accused of instigating the posting of abusive posters against company officials. However, the tribunal found that there was no evidence linking the employee to the act, as he was not present during the incident, and no witnesses could confirm his involvement. The decision emphasized the importance of due process in employment disputes and reinstated the employee, highlighting the need for employers to provide clear and substantiated evidence before dismissing an employee. This case underscores the legal protections available to workers against arbitrary dismissal and serves as a precedent for similar cases in labor law, reinforcing the principles of fairness and justice in the workplace. |
Court |
Labour Appellate Tribunal, Sindh
|
Entities Involved |
INTERNATIONAL INDUSTRIES LTD.
|
Judges |
AGHA ALI HYDER,
MUHAMMAD ASLAM
|
Lawyers |
Ashraf Hussain Rizvi,
Mirza Abdur Rashid
|
Petitioners |
Employee
|
Respondents |
Messrs INTERNATIONAL INDUSTRIES LTD., KARACHI
|
Citations |
1993 SLD 1503,
1993 PLC 780
|
Other Citations |
Not available
|
Laws Involved |
Industrial Relations Ordinance, 1969
|
Sections |
25-A
|