| Citation(s) |
|---|
| 1977 SLG 1561 1977 SLD 1561 1977 PLC 186 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-160 of 1976, heard on 21st October 1967.
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL
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Appeal No. KAR-160 of 1976, heard on 21st October 1967.
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL
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HABIBULLAH
VS
MESSRs DAWOOD COTTON MILLS LTD., KARACHI
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)- --- S. 25-A-Show-cause notice--Application filed by worker clearly stating Inquiry Officer report to be perverse and contrary to facts, without application of mind and with a wrong approach-Contention of inquiry report not being supplied to worker with show-cause notice, held, fortified in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Dismissal-Question of fact-Contention that dismissal order was perverse and not supported by evidence on record Question involved, held, a question of fact and its appreciation lay with Inquiry Officer and not with Labour Tribunal. (c) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Habitual negligence-Worker stating system of administration to be improper, no proper time-table, and fact of every worker remaining out for mote than one hour-Worker further admitting never to have gone out alone but with other workers Worker's habitual absence during working hours, held clearly proved on his own statement and his dismissal not improper. AshraJ Hussain Rizvl for Appellant. Mehmood A. Ghana for Respondent. Date hearing : 21st October 1976. DECISION This is an appeal under section 37 (3), I. R. O. against the order of the Labour Court dismissing the application made under section 25-A. 2. The appellant was in the service of the respondent and was working as waver. Ire habitually restrained absent and neglected to perforce his duties in spite of the warnings issued to him from time to time. He had also quarreled with a watchman. He was charge-sheeted and an enquiry was held. Enquiry Officer exonerated the appellant an the second charge but found him guilty for habitual negligence and neglect of work. A second show-cause notice was issued and thereafter he was dismissed from service. 3. Aggrieved by this, he served a grievance notice upon the Management and made an application under section 25-A. The Labour Court on the assessment of the evidence did not accept the allegations made by the appellant and dismissed the application. Aggrieved by this, the present appeal was filed. 4. The learned representative for the appellant raised three…
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