| Case ID |
fa0997f1-ba9d-42ac-92e6-cf7e60bc096f |
| Body |
View case body. Login to View |
| Case Number |
DGK-269 of 1988/Pb. |
| Decision Date |
Jun 21, 1988 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal, Punjab, has set aside the dismissal of the grievance petition filed by BASHIR AHMAD against his employer, ZONAL CHIEF of PUNJAB PROVINCIAL Co-OPERATIVE Bank Ltd., D.G. Khan. The Tribunal found that the enquiry against the employee was not properly conducted, as he was not given the opportunity to cross-examine witnesses or present his defense after the prosecution's evidence was closed. Consequently, the Tribunal directed the reinstatement of the employee in service, thereby overturning the previous decision of dismissal. |
| Summary |
In the landmark case DGK-269 of 1988/Pb., adjudicated by the Labour Appellate Tribunal in Punjab, the appellant BASHIR AHMAD successfully challenged his dismissal from PUNJAB PROVINCIAL Co-OPERATIVE Bank Ltd. The core issue revolved around the improper handling of his grievance petition under the Industrial Relations Ordinance (XXLII of 1969), specifically sections 25-A and 38(3). The Tribunal highlighted significant procedural lapses, including the rejection of Ahmad's leave applications without proper record-keeping and the failure to allow him to cross-examine prosecution witnesses or present his defense adequately. The absence of a valid dispatch receipt for the rejection letter compounded the case against the employer. Represented by lawyer Habibullah Khan, Ahmad argued that the inquiry was biased and lacked fairness, a stance upheld by the Tribunal. In contrast, the respondent, represented by Mian Nisar Saleem, failed to substantiate the grounds for dismissal effectively. The Tribunal's decision not only mandated Ahmad's reinstatement without back benefits but also underscored the importance of fair labor practices and due process in employment disputes. This case serves as a pivotal reference for future grievances related to wrongful dismissal and procedural deficiencies in organizational disciplinary actions, reinforcing the protections afforded to employees under Pakistani labor law. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
D.G. Khan,
Punjab Provincial Co-Operative Bank Ltd.
|
| Judges |
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
Habibullah Khan,
Mian Nisar Saleem
|
| Petitioners |
BASHIR AHMAD
|
| Respondents |
ZONAL CHIEF, PUNJAB PROVINCIAL Co-OPERATIVE BANK LTD., D.G. Khan
|
| Citations |
1989 SLD 1506,
1989 PLC 705
|
| Other Citations |
Punjab Labour Court No. 9, Multan
|
| Laws Involved |
Industrial Relations Ordinance (XXLII of 1969)
|
| Sections |
25-A,
38(3)
|