Case Details

Citation(s)
1982 SLG 1708 1982 SLD 1708 1982 PLC 1096
Labour Appellate Tribunal, Punjab
Appeal No. LHR-27 of 1982-Pb., decided on 2nd February, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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PAKISTAN CYCLE INDUSTRIAL CO-OPERATIVE SOCIETY LTD.

VS

MUHAMMAD SARWAR BUTT

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---- S. Os. 12 & 13 and Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 -Workman convicted and sentenced to imprisonment as a result of case registered for workers strike­ Employer terminating service of worker on grounds that job could not be left vacant for period of sentence of worker-Witness of management admitting before Labour Court that termination of service was for reason that workman took part in illegal strike ­Labour Court accepting grievance petition and directing reinstate­ment on ground that impugned order could not be construed as termination simpliciter but a result of alleged misconduct of taking part in illegal strike hence an enquiry with defence opportunity after service of charge-sheet was necessary-Termination order in circumstances, held not sustainable and rightly set aside by Labour Court. Sh. Manzoor Ahmad for Appellant. JUDGMENT This appeal arises from the decision dated 22nd December, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the respondent was directed to be re-instated in service with back benefits. 2. The workers demanded that 24th November, 1977 be allowed to be observed as holiday, but the Management did not agree to it. The respondent alongwith others went on strike. A case was registered which resulted in the conviction and sentence of one year R.I. and five lashes to the respondent. The…
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