| Citation(s) |
|---|
| 1977 SLG 1588 1977 SLD 1588 1977 PLC 218 |
Labour Appellate Tribunal, Sindh
Appeal No, IGAR-0 of 197611104r3 on 18th October 1976.
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL
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Appeal No, IGAR-0 of 197611104r3 on 18th October 1976.
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL
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Syed JAMSHED ALI JAFFERI
VS
MANAGING DIRECTOR, SANAULLAH CORPORATION LTD., KARACHI
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A-Industrial dispute-Evidence led found sufficient for purpose of trial--Non-examination of person signing reply statement, held, immaterial in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)- ----S. 25-A-Industrial dispute-Allegation that statements of appellant were not recorded by Enquiry Officer on alleged two dates-No such allegation mace in application under S. 25-A, even no such question put to witness examined on behalf of respondents, allegation embodied for first time in an application but such application not produced at time of arguments before Labour Court and such applica. tion unreliable-Contention overruled. Ch. M. Maarij for Appellant. Syed Gauhar Gilani for Respondent. Date of hearing: 18th October 1976. DECISION This appeal has been filed against the order of Labour Court dismissing the application made under section 25-A, I. R. O. 2. The appellant was working as Accountant with the respondent since 1966. He committed some acts of misconduct and, therefore, he was charge-sheeted on 17-1041975. Again there was some misconduct and he was charge-sheeted on 13-11-1975. The appellant did not make any reply to any of the charge-sheets. Enquiry was ordered and the appellant was found guilty of the charges on the conclusion of the enquiry. Show-cause notice was issued to him. This was replied on 17-12-1975. Subsequently, he was dismissed on 22nd December, 1975. After serving grievance notice the Labour Court was approached under section 25-A. 3. The application was resisted and it was stated that the appellant had committed acts of misconduct and, therefore, he was charge-sheeted, and after holding proper enquiry he was found guilty and dismissed from service in accordance with the law. 4. The learned Presiding Officer on the assessment of the evidence found it against the appellant and dismissed the application. Aggrieved by this the present appeal had been filed. 5. The first ground taken by the appellant is that there had been some misstatements with regard to the dates made by the Presiding Officer. It was pointed out that in the order it was shown that the first…
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