Case Details

Citation(s)
1983 SLG 1290 1983 SLD 1290 1983 PLC 62
Labour Appellate Tribunal, Sindh
Appeal No. KAR-179 of 1982, heard on 23rd May, 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL

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Syed ZAKIR HUSSAIN

VS

SWISSAIR TRANSPORT COMPANY LTD.

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- --- S. O. 15 (4)-Charge-sheet -Service within one month of alleged misconduct-Continuing misconduct-Accused charged for filing false complaint and falsely prosecuting officers of employer company before Labour Court under S. 15 (1) read with S. 53 (1-A) of Industrial Relations Ordinance, 1969-Such complaint subsequently withdrawn resulting in acquittal of persons complained against--Charge-sheet served after acquittal order by Labour Court challenged as time-barred not bowing within one month of filing complaint-Misconduct of accused, in circumstances, held, being continuous starting from date of filing of complaint up to date of acquittal of person, complained against-Limitation for service of charge-sheet in circumstances, held, reckonable from date of termination of proceedings upon complaint. Khawaja Auto Cars v. Saeedur Rehman 1980 P L C 1236 ; Mudviraps Kulkarni v. Pakir Apa Kena R D I and another I L R 1883 Bout. 427 and Ch. Abdul Ghani Ghumman v. Province of Punjab and 2 others P L, D 1975 Lah. 1238 ref. Riaz Hussain Baloch for Appellant. Abdul Hafeez for Respondent. Date of hearing : 23rd May, 1982, ORDER The appellant, who was employed as a Baker in the respondent company was charge-sheeted on 10th March, 1981, for filing a false complaint and falsely prosecuting the officers of the respondent company including its General Manager in the IVth Labour Court. The complaint was made by the appellant in his capacity as General Secretary of the workers union in the respondent company. It alleged that the said officers of the respondent company, including its General Manager, had committed an act of unfair labour practice punishable under section 15 (1 i read with section 53 (I-A), 1. R. O., in that they not only refused to give to the treasurer of the workers' union the facility of free tickets, to which he was entitled, but he was informed that he would only be granted this facility if he ceases to be an officer of the trade union. It appears that the appellant not only filed this complaint against the officers of the respondent company, including the General…
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