| Citation(s) |
|---|
| 1981 SLG 2076 1981 SLD 2076 1981 PLC 151 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-413 to 415 of 1979, heard on 30th January, 1980.
Z. A. CHANNA, APPELLATE TRIBUNAL
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Appeals Nos. KAR-413 to 415 of 1979, heard on 30th January, 1980.
Z. A. CHANNA, APPELLATE TRIBUNAL
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MUHAMMAD YOUSUF ANSARI AND 2 OTHERS
VS
MESSRS NATIONAL CONSTRUCTION COMPANY
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 36-Adjudication by Labour Court-Procedure-Not expressly prohibited--Permissible if in interest of justice-Enquiry Officer conducting enquiry against 3 accused-Deposition of such Enquiry officer at request of parties treated as evidence in grievance petitions of all 3 workmen against dismissal orders based upon findings of enquiry-Such procedure adopted by Labour Court for convenience of parties, held, not exceptionable. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --- S. O. 15 (4)-Formal charge-sheet-No legal requirement-Alleged misconduct to be brought to notice of accused worker within one month of commission of misconduct or date from which it came to notice of Management-Accused informed of alleged misconduct in a letter within one month-Issuance of formal charge-sheet after expiry of one month, in circumstances, held, immaterial. Zahid Hamid for Appellants. Date of hearing : 30th January 1980. ORDER These 3 appeals by employees of the respondent Construction Company are directed against a common decision given by the learned Vth Labour Court, on 8th September 1'979, dismissing their grievance applications challenging their dismissal from service. 2. The appellants, Abdul Rehman, Nizamuddin and Mohammad Yousaf Ansari, were employed by the respondent company as Khalasi helper, Junior Store-keeper and Junior Supervisor respectively. It appears Abdul Rehman and Mohammad Yousuf Ansari were transferred to Saudi Arabia for working there with a branch of the respondent-Company, but the Manager, Personnel and Administration of the respondents at Jeddah, retransferred the appellants to Karachi. So far as appellant Nizamuddin is concerned, he was first posted as Stores Assistant at Abu Dhabi but he too was transferred back to Pakistan. After their transfer to Pakistan, a show-cause notice was issued to them on 5th November alleging that they had established a bogus Recruiting office for employment in the respondent-Company and had dishonestly induced as many as 24 persons, whose names appear in the show-cause notice to pay them various sums of money for…
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