Case Details

Citation(s)
1981 SLG 2420 1981 SLD 2420 1981 PLC 843
Labour Appellate Tribunal, Sindh
Appeal No. HYD-375 of 1979, decided on 31st March, 1980.
Z. A. CHANNA, APPELLATE TRIBUNAL

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SIND ROAD TRANSPORT CORPORATION, SANGHAR

VS

MUHAMMAD SHARIF

Law:

Section:

Industrial dispute- ---- Bus Conductor charged on basis of raid-Charge-sheet and appointment of Enquiry Officer and dismissal order by same Officer who headed raiding party.-Charge-sheet or dismissal order issued under orders and approval of competent authority, held, not exceptionable. Pakistan Engineering Co. Ltd. v. Muhammad Shareef 1978 P L C. 47 distinguished. Azmatullah Khan for Appellant. A. Majeed for Respondent. Date of hearing : 31st March, 1980. DECISION This appeal is directed against a decision by the Sixth Labour Court given on 15th August, 1979, holding the dismissal of the respondent workman as illegal and directing the appellant-Corporation to re-instate him with full back benefits. The sole ground on which the impugned decision has been given is that in the view of the learned Labour Court the same person headed the checking party, which is alleged to have detected the fraud and misappropriation said to have been committed by the respondent, and to have also issued the charge-sheet appointed the Enquiry Officer and dismissed the respondent workman. It is evident that the learned Labour Court was labouring under some misconception. No doubt, the charge-sheet and the dismissal orders have been signed by Qadar Bux, the District Manager, who headed the checking party than inspected the bus and the tickets of the respondent, but as is clear from the report for which appears at page 35 of the learned Labour Court's record, the orders for the suspension and the charge-sheeting of the respondent have been passed by the Chairman of the appellant corporation and the District Manager, Qadar Bux, merely carried out the orders by…
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