Case Details

Citation(s)
1976 SLG 923 1976 SLD 923 1976 PLC 780
Labour Appellate Tribunal, Punjab

SAEED AHMAD, PRESIDING OFFICER

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PREMIER CLOTH MILLS LTD.

VS

KHURSHID BIBI

Law:

Section:

1976 P L C 780 [Labour Court Punjab] Present: Saeed Ahmad, Presiding Officer PREMIER CLOTH MILLS LTD. versus KHURSHID BIBI Appeal No. 310 of 1974, decided on 2nd January 1975. (a) industrial Relations Ordinance (XXIII of 1969)---- Ss. 25-A and 36-D-Findings of Labour Court contrary to evidence on record-Perverse hence set aside. (b) Industrial dispute­---- ---Dismissal for misconduct-Domestic enquiry ----Non-supply of copy of enquiry report with show-cause notice---Effect Guilt admitted by workman before enquiry m' even before Enquiry Officer-Workman fully aware of charge--No prejudice, in circumstances, held, caused by non-supply of cop; of enquiry report---Findings of enquiry, in circumstances held cannot be interfered with by Court. Ch. Fatal Din for Appellant. Hameed Ahmed for Respondent. JUDGMENT Mst. Khurshid Bibi, the respondent was employed as a worker in the Premier Cloth Mills, Lyallpur. She was dismissed from service. She filed a petition under section 25-A of the Industrial Relations Ordinance, 1969 in the Junior Labour Court No. 2, Lyallpur. She was ordered to be re-instated with back benefits. The management has filed this appeal against order of re-instatement. On 18th December 1973, it was found that the respondent has removed cloth measuring 1 yard from Mills. A domestic inquiry was made on 19th November 1973. The respondent confessed her guilt and asked for pardon. A report was made to the management accordingly. A charge-sheet was framed on 23rd November 1973'and was delivered to her. In reply to this charge-sheet, the respondent did not make a clear statement. She admitted her guit half heartedly. An inquiry officer was appointed and on the basis of his report a show-cause notice was served on 6th December 1973. Thereafter she was dismissed from service. In her petition she alleged that the charge of theft was wrong, that she was not guilty and so she may be re-instated. Before the Junior Labour Court, she examined three witnesses including herself. She stated that no cloth was recovered from her. She appeared before the inquiry officer with a nominee but her nominee was not allowed to assist her. The other witness Alexander (P. W. 2),…
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