Case Details

Citation(s)
1984 SLG 1131 1984 SLD 1131 1984 PLC 378
Lahore High Court
Writ Petition No. 2766 of 1977, heard on 4th February, 1984.
LEHRASAP KHAN, J

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MUHAMMAD YUNUS

VS

PUNJAB LABOUR APPELLATE TRIBUNAL AND ANOTHER

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- -----S. 25-A-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15 (3) (a), (h) & (k)-Constitution of Pakistan (1973), Art. 199-Domestic inquiry­ Labour Court, held, not bound by result of domestic inquiry and is required to go into all facts of case and thereafter to pass such orders as are considered just and proper in circumstances of case. United Distributors Limited v. 2ahid Hussain Khan and 2 others P L D 1976 Kar. 376 ; Muhammad Shamim v. Pakistan Tobacco Co. Ltd. and another 1975 S C M R 46 ; Punjab . Road Transport Board, Lahore through its Secretary v. Fazal Elahi and another P L D 1976 Lab. 1414 and Muhammad Ramzan -v. Presiding Officer, Sind Labour Court No. IV and 3 others P L D 1976 Kar. 1100 ref. (b) Industrial Relations Ordinance (XXIII of 1969)---- ----S. 25-A-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15(3)-Constitution of Pakistan (1973), Art. 199-Dismissal-Labour Court, held, has to examine relevant facts afresh and its jurisdiction not limited merely to see whether relevant formalities in matter of dismissal complied with or not. Crescent Jute Products, Jaranwala v. Muhammad Yaqoob etc. P L D 1978 S C 207 rel. (c) Industrial Relations Ordinance (XXIII of 1969)---- ----S. 25-A-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15-Constitution of Pakistan (1973), Art. 199-Dismissal-Workman employed as a fitter-Dismissed for refusing to work as operator-Workman not supplied with copy of Enquiry Officer's report- Labour Appellate Tribunal, held, under obligation to record its finding whether workman in view of his appointment as fitter was obliged to work as operator and that whether employer supplied him with a copy of Enquiry Officer's report which was expressly demanded by petitioner from employer. (d) Industrial Relations Ordinance (XXIII of 1969)--- -----S. 25-A-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 15(4)-Constitution of Pakistan (1973), Art. 199-Copy of report of Enquiry…
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