| 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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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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