Case Details

Citation(s)
1976 SLG 730 1976 SLD 730 1976 PLC 277
Sindh High Court
Constitutional Petition No. 1486 of 1974, decided on 9th February 1976.
ZAKAULLAH LODHI, J

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MESSRS BRITISH INDIA ENGINEERING WORKS, KARACHI

VS

VTH LABOUR COURT, KARACHI AND 2 OTHERS

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A (5)-Domestic inquiry - Complete record of domestic enquiry not maintained, hence, not placed before Labour Court-Some notes on domestic inquiry though supposingly sufficient to provide complete data to enquiry officer yet of no avail to Labour Court and such Court bad to be to possession of entire facts of case-Labour Court, in circumstances, held, unable to adjudicate upon matter according to S. 25-A (5) and enquiry, held, rightly found to be in violation of provisions of law. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A (5)-Domestic inquiry-Worker not joining duties for 16 days after date of re-instatement passed by Labour Court-Worker explaining such delay due to not being permitted to join earlier­ Worker held, could only be regarded as absent from duty when he once joined duties and not having joined duties he could not be regarded as having absented from duty. R. F. Virji for Petitioner. G. A. Brohi for Respondent No. 3 Date of hearing: 9th February 1976. JUDGMENT The third respondent was employed as a Sweeper with the petitioners for about two years. The petitioners' case is that the third respondent frequently absented himself from duty, therefore, several charge-sheets, notices and warnings were issued to him. As he did not improve his conduct he was finally dismissed from service on 24th January 1974. But he challenged this order before the Junior Labour Court who ordered his re-instatement in service on 22nd April 1974. Pursuant to Junior Labour Court's order he was reinstated in service but he resumed his duties on 9th May, 1974 i.e. with the delay of about 16 days instead of joining the duties on the day following the passing of the order. 2. After the third respondent joined the service he was once again charge-sheeted mainly on the basis of all the old charges upon which he had earlier been dismissed from service. However, this time a new charge regarding joining the duties after 16 days of the passing of the order of re­instatement by the Junior Labour Court was also added. The charge-sheet issued to the third respondent was replied by him on 11th May, 1974 in…
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