Case Details

Citation(s)
2014 SLG 376 2014 SLD 376 2014 PLC 257
Labour Appellate Tribunal, Punjab
Labour Appeal No. LHR-375 of 2012, decided on 30th September, 2013.
ASAD MUNIR, CHAIRMAN
Nauman Mushtaq Awan for Appellants. Asmat Kamal Khan for
Respondent.

EASTERN LEATHER COMPANY (PVT.) Ltd. through General Manager Finance and 2 others

VS

MUHAMMAD ANWAR

Law: Punjab Industrial Relations Act, 2010

Section: 33

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(3)(c)---Punjab Industrial Relations Act (XIX of 2010), S.33---Termination of service---Reinstatement in service---Grievance petition---Services of the employee were terminated on the charge that he being extremely irresponsible and negligent had caused irreparable loss to the employer-company by damaging its property---Employee after termination of service, had received all his legal dues in full and final settlement, including one month's salary in lieu of notice and one year's gratuity---Employee after receipt of all his said legal dues, sought his reinstatement in service by filing grievance petition alleging that he had been illegally dismissed from service without holding any inquiry---Validity---Employee after willingly receiving his legal dues in full and final settlement, had accepted the termination of his service---Employee who had voluntarily severed his relationship with his employer, was left with no cause or grievance to agitate before Labour Court---Order of Labour Court whereby grievance petition of the employee was accepted and he was reinstated in service, was set aside, in circumstances. General Manager National Radio Telecommunication Corporation, Haripur v. Muhammad Aslam and 2 others 1992 SCMR 2169 ref. THIS JUDGMENT DELIVERED BY: ASAD MUNIR (CHAIRMAN).--- The respondent was employed as a Senior Fitter in the appellant-Company when he was issued a charge-sheet dated 19-7-2010 wherein it was alleged that the respondent was extremely irresponsible and negligent in operating the TCM Lifter on 11-7-2010 with the result that the TCM Lifter was damaged causing irreparable loss to the appellant-Company. In his reply dated 20-7-2010, the respondent disputed the allegations levelled against him. Finding the respondent's reply unsatisfactory, the appellant-Company, without holding any inquiry, terminated the respondent's services vide its letter dated 31-7-2010. A few days later, the respondent received a sum of Rs.31502 by means of cross cheque dated 2-8-2010 and also gave an acknowledgement in writing dated 2-8-2010 which reads as under:--- "This is to…
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