Case Details

Citation(s)
1979 SLG 1084 1979 SLD 1084 1979 PLC 509
Labour Appellate Tribunal, Sindh
Appeal No. KAR-440 of 1978, heard on 31st July, 1979.
Z. A. CHANNA, APPELLATE TRIBUNAL

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ANWAR HUSSAIN

VS

MESSRS MUHAMMAD FAROOQ TEXTILE MILLS LTD., KARACHI

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- --- S. 25-A-Limitation-Petition against dismissal-Dismissal order sent not on given address by registered post but under certificate of posting---No services or communication-No presumption regarding service attached to such despatch-Appellant contending non-receipt of dismissal order till receipt of a subsequent letter from employer-Limitation, in circumstances, held, to run from date of receipt of subsequent letter and not from date of dismissal order sent under certificate of posting-General Clauses Act (X of 1897), S. 27. Olympia Spinning & Weaving Mills v. Fazal Wahid Appeal No. KAR-302/19 of 1978 ref. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1­Petition against dismissal resisted as not maintainable on contention that petitioner was employed at Head Office where number of employees was less than 20-Contention rejected-­Head office and factory treated as one establishment. Abdul Rahim v. Congothene Chemical Industries Ltd., Katachi P L J 1977 Tr. C (Lah.) 96 ref. (c) Industrial dispute- ---- Notice-Service of -Mere sending a letter, etc. under certificate of posting-Not sufficient to prove proper service. Punjab Road Transport Corporation v. Punjab Labour Appellate Tribunal 1975 P L C 818 ref. (d) Industrial dispute- -- Dismissal-Supply of report of enquiry and second show-cause notice not proved-Dismissal order, in circumstances, not sustainable. 1976LLC613rel. M. M. Jeelani for Appellant. Masood Mirza for Respondent. Date of hearing : 31st July, 1979. ORDER This is a worker's appeal calling in question the decision given by the learned 1st Labour Court, dismissing the application filed by the appellant for re-instatement in service, together with back benefits, and for holding his suspension beyond 4 days as illegal. 2. The appellant, who was employed by the respondent as a Cotton Collector on a salary of Rs. 512 per month, was suspended from service, pending the holding of a domestic enquiry, vide letter of the respondent, dated 24th February, 1975. A domestic enquiry was…
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