| Citation(s) |
|---|
| 1983 SLG 1936 1983 SLD 1936 1983 PLC 1084 |
Labour Appellate Tribunal, Punjab
Appeals Nos. FD-744 and J.M. 775 of 1981/Pb., decided on 9th February, 1983.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeals Nos. FD-744 and J.M. 775 of 1981/Pb., decided on 9th February, 1983.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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HABIB BANK LTD., FAISALABAD
VS
GHULAM MURTAZA
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A-Grievance notice and petition-Limitation-Workman convicted by criminal Court and sentenced to imprisonment-Impugned termination order sent on home address and not through Superintendent of Jail-Workman subsequently acquitted .and on release from Jail reporting to employer and submitting within 3 months appeal against termination order-Serving grievance notice on next date of rejection of appeal and then filing grievance petition within one month of date of grievance notice-Contention that grievance notice and petition were time-barred, in circumstances, rejected. (b) Industrial dispute---- --- Termination of service-Bank employee-Convicted and sentenced to imprisonment by criminal Court-Services terminated-Reporting for duty after acquittal and release from Jail-Termination order passed without any enquiry or opportunity of explanation and without independently proving alleged misconduct--Held, should have been re-instated after acquittal-Termination order further passed without one month's notice or pay in lieu thereof, held, not sustainable and rightly set aside by Labour Court-Industrial Relations Ordinance (XXIII of 19691, S. 25-A and Wage Commission Award, Paras. .234 (6) (a) & (7). A. R. Sheikh and Irshad Ali Mlan for Petitioner. Malik Ghulam Rasool for Respondent. Date of hearing: 31st January, 1983. JUDGMENT The two appeals captioned above arise from the decision dated 30th November, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the grievance petition of Ghulam Murtaza was partly accepted as he was directed to be reinstated in service without back benefits. Since both the appeals arise from the same impugned decision, they are being disposed of together through this single judgment, in which Habib Bank Limited will be described .as the appellant and Ghulam Murtaza as the respondent. 2. The respondent was a cashier, On Nth September, 1975 he was involved in a 1975 arrested: The appellant sent to him absence notice dated 31st January, 1978 for remaining absent with effect from 6th October, 1975. The respondent sent reply to it. He was…
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