Case Details

Citation(s)
1985 SLG 1555 1985 SLD 1555 1985 PLC 96
Implementation Tribunal, Punjab
Appeals Nos. Lhr-280 and 313 of 1981, decided on 8th March, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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PUNJAB ROAD TRANSPORT BOARD through its General Manager

VS

MUHAMMAD NAWAZ SHAH

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.15--Dismissal on charge of misconduct--Respondent intentionally avoided service of charge-sheet and enquiry notice--Dismissed from service after ex parte enquiry--Held: Neither charge-sheet nor enquiry notice served legally--Order of dismissal set aside but back benefits disallowed. Muhammad Iqbal Khokhar for Appellant Arshad Munir for Respondent. Date of hearing: 30th January, 1982. JUDGMENT The two appeals captioned above arise from the decision dated 29-3-1981 passed by the learned 'Presiding Officer, Punjab Labour Court No.9, Multan, whereby-he accepted the grievance petition of Muhammad Nawaz Shah and set aside the order of his dismissal directing his reinstatement in service without back benefits. P.R.T.B. has challenged the order of reinstatement, whereas Muhammad Nawaz Shah claims back benefits. Since both the appeals arise from the same decision, they are being disposed of together through this single judgment, in which P. R. T. B. will be described as the appellant and Muhammad Nawaz Shah as the respondent. 2. The facts giving rise to these appeals are that the respondent who was employed as Fuel Pump Attendant in G.T.S., Sahiwal was found stealing diesel. When he was detected he ran away and absented himself. He was charge-sheeted for absence for more than ten days. The charge-sheet and the enquiry notices could be served upon him and the enquiry was made against him ex parte. The stand taken by the respondent was that he had fallen ill and had sent application for leave supported by as medical certificate. On behalf of the appellant it was contended that no grievance notice was served before bringing the…
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