Case Details

Citation(s)
1982 SLG 1607 1982 SLD 1607 1982 PLC 754
Labour Appellate Tribunal, Sindh
Appeal No. KAR-437 of 1981, heard on 4th November, 1981
Z. A. CHANNA, APPELLATE TRIBUNAL

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KARACHI ROAD TRANSPORT CORPORATION

VS

MUHAMMAD RAFIQUE

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Grievance notice to employer--Law does not provide for any particular form:-Grievance of petitioner if could be ascertained from notice-Grievance notice should be considered as valid ­Workman convicted and sentenced to jail on complaint of manage­ment-Services terminated during period of imprisonment­ Workman refused work after release and informed by letter that his service had earlier been terminated--Grievance notice served immediately after receipt of such letter praying for withdrawal of said letter and for being allowed to resume duty-Valid notice--Objection that notice was not against earlier termination order-Rejected. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Scope-Wide powers of Labour Court to pass such order as may be just and proper in circumstances of case-Back benefits­ consequential relief to re-instatement in service-Grievance notice not containing demand for back benefits-Labour Court not precluded to award back benefits-Workman convicted on com­plaint of management and sentenced to Jail---Imprisonment of workman within knowledge of management-Charged for absence of more than 10 days during imprisonment period and charge sheet and notice of enquiry sent through post on home address returned undelivered-Ex parte proceedings and inquiry held- Consequential dismissal order, held, rightly set aside as invalid for absence of opportunity to meet charge or showing justification for absence -Workman having been convicted and imprisoned due to his fault employer, held, could not be burdened with back bene­fits. Sirajul Haq Qureshi for Appellant. Muhammad Shibli for Respondent. Date of hearing: 4th November, 1981. DECISION The respondent, who was employed as a bus conductor in the appel­lant corporation, was dismissed from service vide order, dated 31st August 1981, on the charge of unauthorisedly remaining absent from his duty for a period exceeding ten days. the said order was based on the report of the Enquiry Officer who found that the workman had con­tinuously remained absent from his duty with effect front 25th September, 1979. It may, however, be pointed out that…
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