Case Details

Citation(s)
1972 SLD 3044 = 1972 PLC 64
Sindh Labour Appellate Tribunal
Appeal No. HYD-8 of 1971, heard on 30th March 1971.
Presented By: Inamullah Khan, Appellate Tribunal
P. W. R. v. Mrs. A. V. Issacs P L D 1970 S C 415 held not applicable. A. Majeed for Appellant. Sajid Hussain Jafri for
Respondent No. 1.

MAHBOOB ALI

VERSUS

THE TEXTILE CORPORATION OF PAKISTAN LTD., HYDERABAD AND ANOTHER

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 15(5)

Industrial dispute-Dismissal due to misconduct-Opportunity of hearing by Enquiry Officer not afforded-Re-instatement, in circumstances, ordered subject to enquiry to be held by employer -Labour Court ordering re-instatement without any condi tion and allowing 50 % of back wages considering that employer should not suffer for prolonged proceedings before Labour Court Order of Labour Court, in circumstances, held, though not proper yet based on good reasons-Claim for full back wages, held, subject to result of fair enquiry and due only if worker found not guilty by Enquiry Officer-West Pakistan Industrial and Commercial Employ ment (Standing Orders) Ordinance (VI of 1968), S. O. 15(5). Date of hearing. 30th March 1971.                                                                                                                           DECISION This is an appeal against an award of the First Sind Labour Court, Karachi, dated 1st January 1971. The appellant is aggrieved against the award, inasmuch as, the Court did not grant him full back benefits on his re-instatement. The Court granted 50 % of the emoluments due to him from the date that he was dismissed from service to the date that he was re-instated in service. 2. Mr. A. Majeed, the learned Representative for the appel lant contended that the appellant should have been granted full wages from the date that he was dismissed from service to the date that he was taken back in service. He submits that the learned Chairman of the Court has not given his reasons as to why he has granted only 50 % wages. After going through…
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