| 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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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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