| Citation(s) |
|---|
| 1983 SLG 1645 1983 SLD 1645 1983 PLC 633 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-277 of 1982, heard on 11th October, 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL
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Appeal No. KAR-277 of 1982, heard on 11th October, 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL
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BASHIR HUSSAIN
VS
MESSRS KARACHI SHIPYARD & ENGINEERING WORKS LTD.
Law:
Section:
(a).Industrial Relations Ordinance (XXIII of 1969)-- ---- S. 25-A (5)-Grievance petition--Adjudication and determination of - Labour Court to go into all facts of case-Neither record of proceedings of enquiry nor enquiry report produced before Labour Court--No material on record to establish charges resulting in impugned dismissal order -Labour Court dismissing grievance petition taking view that it was responsibility of petitioner to bring report of enquiry on record-Labour Court, in circumstances, held, erred in taking such view and in absence of any material on record impugned order was held by Labour Appellate Tribunal as not sustainable. Crescent Jute Products Ltd. Jaranwala v. Muhammad Yakub P L D 1978 S C 207 rel. (b) Industrial dispute- ---- Domestic enquiry - Accused expressing non-confidence in Enquiry Officer alleging that unauthorised additions made by him in inquiry proceedings -Request for change of Enquiry Officer refused-Enquiry Officer refusing to allow examination of any witness cited by accused-Defects vitiating inquiry proceedings - Dismissal order based upon such inquiry, held, not sustainable hence set aside with option to employer for holding fresh enquiry-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. M.L. Shahani for Appellant. Fazle Ghani for Respondent. Date of hearing : 11th October, 1982. ORDER This appeal is directed against . the decision of the learned Fifth Labour Court, given on 4th May, 1982 dismissing the grievance petition of the appellant by which he sought to challenge the orders of his dismissal from service. 2. The facts of this case, shortly stated, are that the appellant was working as Steel Fabricator in the respondent organization since 18th October, 1965. He was served with a charge-sheet, dated 29th August, 1978, containing the following allegations :- (a) that on 24th August, 1978 he left his place of duty unauthorisedly ; (b) that on the same day, he alongwith other workers raised slogans demanding entry into the Karachi Shipyard premises of Mst. Kaniz Fatima, who was stopped at the gate by the security staff, and by over powering the security staff and forcibly opening the gate of the…
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