| Citation(s) |
|---|
| 1984 SLG 2010 1984 SLD 2010 1984 PLC 1710 |
Labour Appellate Tribunal, Sindh
Application No. 142 of 1983, decided on 18th July, 1984.
SAIYID SAEED ASHHAD, PRESIDING OFFICER
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Application No. 142 of 1983, decided on 18th July, 1984.
SAIYID SAEED ASHHAD, PRESIDING OFFICER
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GHULAM AKBAR
VS
MESSRS KARACHI PIPE MILLS LTD., KARACHI
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)----- -- S. 25-A-Dismissal for misconduct-Grievance petition on grounds that impugned dismissal order was a victimisation due to trade union activities of petitioner Victimisation Very serious charge entailing liability to severe punishment-Requires strong and unequivocal evidence--Mere word of mouth in absence of corroborative documentary or oral evidence-Not sufficient to allege victimisation. (b) Industrial Relations Ordinance (XXIII of 1969)---- ---S. 25-A-Grievance petition against dismissal for misconduct Contention that Enquiry Officer was not impartial and that dismissing authority remained present during enquiry proceedings and prosecution witnesses were forced to depose falsely against petitioner-Such plea raised for first time during argument before Labour Court without ever mentioning same in grievance notice, grievance petition and affidavit in evidence Plea, in circumstances, held, required no consideration. (c) Industrial dispute----- --Domestic enquiry-Partiality of Enquiry Officer--Mere fact that Enquiry Officer was junior and subordinate to Officers initiating proceedings and appointing Enquiry Officer-Not sufficient to hold, that Enquiry Officer acted under their influence-Bias on part of Enquiry Officer not supported by evidence -Plea, in circumstances, rejected. S. P. Lodhi for Applicant. S. M. Yaqoob for Respondent. ORDER This petition under section 25-A I.R.O. has been filed by the applicant praying therein that he be reinstated in the service of the respondent with continuity in service and wages for the period of forged and unlawful unemployment. -The brief facts of this case as stated by the applicant in his above petition are that he was employed in the respondent's Mill as a Production Clerk and had about 24 years of service to his credit and also actively participated in the union activities and held different offices in the Karachi Pipe Mill Employees Union. On account of his Union activities the management of the respondents had become hostile towards the applicant and since his election as General Secretary of the C. B. A. Union he was being harassed and false and fabricated…
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