| Citation(s) |
|---|
| 2021 SLG 2264 2021 SLD 2264 2021 PLJ 102 |
National Industrial Relations Commission
No. 12(77) of 2019-K, decided on 6.1.2021, Date of hearing: 6.1.2021.
MANTHAR ALI, JATOI, MEMBER, GHULAM SIDDIQUE BAZAI, MEMBER
Mr. Sanaullah Noor Ghori, Advocate for Appellant. Mr. Muhammad Latif Saghar, Advocate for
Respondent.
No. 12(77) of 2019-K, decided on 6.1.2021, Date of hearing: 6.1.2021.
MANTHAR ALI, JATOI, MEMBER, GHULAM SIDDIQUE BAZAI, MEMBER
Mr. Sanaullah Noor Ghori, Advocate for Appellant. Mr. Muhammad Latif Saghar, Advocate for
Respondent.
EDUCATORS
VS
SHABBIR AHMED
Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
Section: 15
Law: Industrial Relations Act, 2012
Section: 54(c)
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-- ----S. 15--Industrial Relations Act, 2012, S. 54(c)--Dismissal from service--Verbal orders--Grievance notice--Grievance petition--Filling of written reply without authority letter--Petition allowed--Un-rebuttal evidence by respondent--Challenge to--Inspite of knowledge of pendency of grievance petition and filing written reply Appellant chose to remain absent and evidence tendered by Respondent before Commission has remained un rebuttal, hence, in absence of Appellant/Respondent there was no alternative for Member but to decide petition in favour of Respondent--Furthermore, Counsel has failed to point out any illegality in impugned order hence, appeal stands dismissed--Appeal was dismissed. ORDER Manthar Ali Jatoi, Member.- Being dissatisfied with the order dated 21.12.2018 passed by learned Member Single Bench, Karachi in grievance Petition No. 4B(829)/2014-K by the Respondent whereby the same was allowed and the Appellant has filed present appeal. 2. We have heard the learned Counsel for the parties and perused record. 3. The brief facts of the case of the Respondent is that he was appointed in the Appellant Establishment on 21.03.2003 vide letter dated 01.10.2004 and he performed his duties with the entire satisfaction of the Appellant Establishment, but he was dismissed from service on 09.04.2005 through verbal orders without issuing Show Cause Notice. Hence, he filed grievance petition after service of grievance notice. 4. Perusal of record shows that after service the Appellant filed written reply but same was also without any authority letter and subsequently, the Appellant failed to appear before the Commission, hence, matter was directed to proceed Ex-parte. In Ex-parte proof Respondent submitted affidavit and also produced documents Letter of appointment dated 01.10.2004, Grievance Notice, Postal receipt, copy of Judgment dated 20.08.2007 passed by the Honble High Court Sindh Karachi, Attendance Sheet, Salary cheque dated 06.05.2003, Salary increment, Salary Slips Sheet, Approval of maintenance of motorcycle, Performance Appraisal Form, finally grievance petition was allowed by…
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