| Case ID |
ff71ba15-77bb-402b-9443-57d28846df54 |
| Body |
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| Case Number |
LHR-61 of 1985 |
| Decision Date |
Jan 18, 1986 |
| Hearing Date |
Jan 12, 1986 |
| Decision |
The decision of the Punjab Labour Court No. 2, Lahore, regarding the reinstatement of the respondent was challenged. The respondent was accused of misconduct by attacking and misbehaving with an officer. Both parties had compromised, and the Labour Court set aside the dismissal order due to a lack of cross-examination of witnesses. The Appellate Tribunal modified the order to allow for a fresh inquiry, stating that the employer should have conducted a new inquiry instead of imposing punishment, as the absence of cross-examination prevented a fair determination of the case. The question of back benefits was left open pending the outcome of the new inquiry. |
| Summary |
This case revolves around the issues of employee misconduct and procedural fairness in disciplinary inquiries under the Industrial Relations Ordinance, 1969. The primary focus is on the implications of a defective inquiry process, particularly regarding the lack of cross-examination, which led to a compromised determination of the facts. The Labour Appellate Tribunal's decision emphasizes the necessity for a fresh inquiry to ensure that both parties receive a fair opportunity to contest the allegations. This case highlights the importance of procedural rights in labor disputes and sets a precedent for future cases involving employee misconduct. Trending keywords include 'employee rights', 'disciplinary inquiry', 'industrial relations', and 'fair hearing'. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Messrs PECO Ltd., Lahore,
Sher Jang
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Malik Bashir Ahmad
|
| Petitioners |
Messrs PECO Ltd., Lahore
|
| Respondents |
Sher Jang
|
| Citations |
1986 SLD 2182,
1986 PLC 642
|
| Other Citations |
P L D 1978 Lah. 1065,
P L D 1981 S C 225
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A,
38(3)
|