Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 38(3)-Grievance petition against dismissal from service-Scope-Labour Court and Appellate Tribunal cannot sit as appellate authority over order of employer-Railway employee convicted by criminal Court and sentenced to fine and imprison­ment - Offence neither connected with Railway working nor involving moral turpitude - Dismissed from service for same reason-Labour Court accepting grievance petition and awarding re-instatement on grounds that impugned order passed without observing formality of charge-sheet and enquiry-Rules authorising competent authority to impose any penalty in such cases without such formalities or to impose no penalty at all -Order of Labour Court, in circumstances, set aside by Labour Appellate Tribunal and case remanded to competent authority to reconsider and see if ends of justice could be met by taking a lenient view for imposing any lesser penalty-Pakistan Railways Personnel Manual, r. Kh. Tariq Masood for Respondent. Date of hearing : 9th August, 1983, JUDGMENT The above-captioned appeal calls in question the decision, dated 22nd September, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the respondent was directed to be re-instated in service without back benefits. 2. The respondent was a gangman. He was convicted and sentenced to three years' R. I. and a fine of Rs. 1,000 under section 325/34, P. P. C. on 21st January, 1980. On appeal the punishment was reduced to two years. The respondent was released from the jail after serving out the sentence and reported on duty, but learnt that he had already been dismissed. 3. Admittedly the respondent was not charge-sheeted, nor any enquiry was held. Rule 762 of Personnel Manual has been cited which no doubt, says that without observing the formalities laid down in the rules, an employee convicted and sentenced by a criminal or Court Martial can be dismissed. But at the same time it is mentioned that extreme penalty must not be necessarily imposed. It is further provided that when the offence…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492