Case Details

Citation(s)
1984 SLG 1018 1984 SLD 1018 1984 PLC 77
Labour Appellate Tribunal, Punjab
Appeal No. FD-1134 of 1978/(Pb.), decided on 19th June, 1982.
ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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PUNJAB ROAD TRANSPORT BOARD

VS

SAFDAR HUSSAIN

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- S. O. 15, cl, (4)-Delivering charge-sheet-Period for-Trial Judge ordering re-instatement of workman only on ground, charge­-sheet not delivered within 15 days of misconduct according to settlement-Settlement between P.R.T.B. and H Union-Present case pertaining to G .M. depot at F-Settlement made at time of one Province of West Pakistan but H depot separate from other depots-.Settlement not made effective and applicable to G.M. depot-Held, settlement made between R.T.C. and H depot Union not binding Spun other depots unless adopted and enforced in to hem depots -Held further, after disintegration settlement ceased air, applicable to other . (b) Industrial Relations Ordinance (XXIII of 1969)----- --- S. 38 (3) & (4)-Appeal not signed by authorised person ­Maintainability of - Appeal not signed by Chairman who alone had been empowered-No document on record showing delegation of powers to authority which signed appeal-Designation '~¢of authority signing appeal not given-Nothing on record to show Law Officer who signed had authority to sign and present appeal "Held, appeal not brought by authorised person and not. maintainable. (c) West Pakistan Industrial and Commercial .Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (1) (ii)(a) & (3)-Acts and omissions as misconduct Treatment of-Charge not of misconduct but negligence in dis­charge of duty and contravention of departmental rules-Held, for allegation of misconduct, negligence should be habitual and non-compliance of rules covered by S.O. 15 (1) (ii)(a). Muhammad Igbal Khokhar for Petitioner. Nazir Ahmad Naz for Respondent. JUDGMENT This appeal arises from the decision dated 19th November, 1978 passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated in service with back benefits. A, A 2. The allegation against the respondent was that when the bus con­ducted by him was checked two lady passengers travelling from Kabir­wala to Haveli Bahadur Shah and a child travelling from…
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