| Case ID |
f9b5a5a2-a568-47f1-b9d2-6741607c5780 |
| Body |
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| Case Number |
HYD-170 and 171 of 1981 |
| Decision Date |
|
| Hearing Date |
Sep 01, 1981 |
| Decision |
The appeals filed by Gulzada and Abdul Ghafoor against their dismissal from Silver Cotton Mills Ltd. were dismissed by the Labour Appellate Tribunal. The tribunal found that the domestic inquiry conducted against the appellants was fair and impartial. The appellants had been dismissed for riotous and disorderly behavior during working hours, which was substantiated by witness testimonies that were not cross-examined by the appellants. The tribunal concluded that the lack of supplied witness statements did not indicate bias on the part of the Enquiry Officer and that the inquiry proceedings were valid. Therefore, the charges against the appellants were deemed fully established, leading to the dismissal of both appeals. |
| Summary |
This case involves an industrial dispute between the employees of Silver Cotton Mills Ltd. and the management regarding the dismissal of two employees, Gulzada and Abdul Ghafoor, due to misconduct during work hours. The Labour Appellate Tribunal in Sindh reviewed the appeals against the dismissal, focusing on the fairness of the domestic inquiry conducted. The tribunal emphasized the importance of due process and the rights of employees during such proceedings. Despite the appellants' claims of bias and lack of access to witness statements, the tribunal found no substantial evidence to support these claims. The decision reinforced the principle that employees must actively participate in their defense during inquiries, and failure to do so cannot be used to invalidate the proceedings. The outcome highlights the tribunal's commitment to maintaining order and discipline within industrial workplaces, ensuring that inquiries are conducted fairly while upholding the rights of both the management and employees. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Silver Cotton Mills Ltd.
|
| Judges |
Z. A. CHANNA
|
| Lawyers |
Fasahat Hussain Rizvi
|
| Petitioners |
Abdul Ghafoor,
Gulzada
|
| Respondents |
Messrs SILVER COTTON MILLS LTD.
|
| Citations |
1982 SLD 1449,
1982 PLC 221
|
| Other Citations |
Not available
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| Laws Involved |
Not available
|
| Sections |
Not available
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