Law: Industrial Relations Act, 2012

Section: 33

Industrial Relations Act (X of 2012)--- ---S.33---Grievance petition---Laboratory Attendant---Absence from duty---Termination from service---Grievance petition filed by the employee was dismissed concurrently---Validity---Petitioner was a regular employee who served the company for twenty years---Employee was served notice of absence from duty of certain days in the preceding three years---Nothing was on record whether these holidays were legally permissible or not and whether salary against those days had been deducted from the account of employee---Inquiry committee had not adverted to the period of absence or total number of days the employee had taken off without permission of employers---Employee was proceeded against in undue haste---Impugned findings were not based on evidence but on his admission of fault---Employee had not been confronted with precise allegations by the inquiry committee for defense---High Court observed that employee had twenty years of service and he should have been retired instead of dismissal---Impugned dismissal order was modified into compulsory retirement/removal from service---Constitutional petition was allowed, accordingly. Government of Pakistan through Director-General, Ministry of Interior, Islamabad and others v. Farheen Rashid 2011 SCMR 1 and Agriculture Development Bank of Pakistan through Chairman and another v. Akif Javed 2005 SCMR 752 rel. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, J.---- Through this constitutional petition the petitioner has challenged the judgment dated 12.04.2016 passed by the Punjab Labour Court No.3, Ferozewala as well as the order dated 12.07.2016 passed by the Punjab Labour Appellate Tribunal, Lahore whereby the grievance petition filed by the petitioner against this dismissal order dated 23.07.2013 was concurrently dismissed. 2. Brief facts giving rise to the filing of this writ petition are that the petitioner was employed in the Factory of respondents Nos.3 and 4 on 05.07.1993 and continued to work as regular employee until 06.07.2013 as Lab Attendant. During the said period he worked honestly, diligently and efficiently to the entire satisfaction of the respondents and had not given any…

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