Case Details

Citation(s)
1983 SLG 1736 1983 SLD 1736 1983 PLC 769
Labour Appellate Tribunal, Sindh
Appeals No. KAR-213 and 214 of 1982, heard on 19th August, 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL

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MESSRS SANDOZ (PAK.) LTD.

VS

SAEED BUTT AND ANOTHER

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- ----S. 35-Territorial jurisdiction--Company running factories at different places-Workman employed for working in one factory­-Charge-sheet, show-cause notice and appointment of Enquiry Officer and dismissal order passed and reply to grievance notice given by Head Office-Head Office assuming direct control­-Labour Court having territorial jurisdiction over place of Head­ Office, in circumstances, held, correctly assumed jurisdiction and entertained grievance petition of workman though factory was not within its territorial jurisdiction. P. I. D. C. v. Khadim Hussain 1980 P I. C 1.012 and Port Qasim Authority v. Ghulam Nabi 1982 P L L 209 ref. Associated Cement Company v. Their Workmen A 1 R 1960 S C 56 and Larafat Karim Siddiqi v. National Construction Company Ltd. 1982 P L C 102 ref. (b) Industrial dispute--- ----Domestic enquiry-Malice-Bias-Easy to allege-Not to be -:k readily inferred as assumed-Must be established-Bias or prejudice disqualifying a judge from trying a matter would be a condition of mind which sways his and renders him unable to exercise his functions impartially-No such condition of mind of Enquiry Officer observable-Allegation of bias and prejudice-Not accepted. Mohammad Humayoon for Appellant. M. L. Shahani for Respondents. Date of hearing - 19th August, 1982. ORDER These 2 appeals by Messrs Sandoz (Pak.) Ltd., are both directed against the decision of the learned IVth Labour Court, given on 18th April, 1982, allowing the grievance petition filed by the 2 respondents against the orders of their dismissal from service and directing the appel­lant company to re-instate them in service with full back benefits within a period of 10 days. Separate appeals have been filed as there are 2 respondents and each appeal is in respect of one respondent. 2. The history of the\case against the respondents is unfortunately long and tortuous. It appears that in consequence of certain happenings which took place in the factory of the appellant company located at Lyari the 2 respondents were charged with inciting workers to go on strike and raising of slogans and using abusive language towards the…
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