Case Details

Citation(s)
1985 SLG 1736 1985 SLD 1736 1985 PLC 283
Labour Appellate Tribunal, Sindh
Appeals Nos. SUK-142 and 143 of 1983, heard on 29th November, 1984
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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HABIB BANK Ltd.

VS

IQBAL MUJEEB and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A, 36 & 38(3)--Practice and procedure--Pleadings of parties already on record--Labour Court refusing adjournment and passing final order without recording evidence of petitioner--Order of Labour Court challenged in appeal as unwarranted--Appellate Tribunal, in circumstances, setting aisde order of Labour Court and remanding case for decision on merits after recording evidence. Muhammad Ashraf Khan for Appellant. Wasiullah Qureshi for Respondents. Date of hearing: 29th November, 1984. ORDER This order- would dispose of the two appeals, namely, Appeal No. SUK-142/83 and Appeal No. SUK-143/83 in respect of the two respondents, respectively lqbal Mujeeb and Jamshed Farooq. 2. These appeals were filed at the belated stage but the time limit was condoned by the High Court of Sind in the two writ petitions filed by the appellants. 3. The two appeals have a chequered history and a background of a long litigations. The respondent, Iqbal Mujeeb a clerk of Habib Bank Ltd., and Jamshed Farooq, a Cashier of the same bank were charge-sheeted, respectively on 4-7-1978 and 8-7-1978, for disobedience, mis-behaviour and insubordination. The domestic enquiry was conducted in respect of the two respondents and both were dismissed as a result of domestic enquiry on 12-8-1978, Thereafter, the two respondents Iqbal Mujeeb and Jamshed Farooq gave notices of grievances which were rejected by the appellant-bank on 27-9-197fi Thereafter, grievance applications were filed before the Sind Labour Court No.VI at Sukkur, being Applications Nos. 263 and 264 of 1978. 4. The appellant-bank filed a reply statement and contested cases on merit as well as on legal grounds. The learned VIIth Labour Court vide its Order, dated 12-5- 1979, dismissed the grievance petitions both on merit as well as on legal grounds. Thereafter, an appeal was filed before this Tribunal but was not pressed by the two respondents as they undertook to file departmental appeals as provided under rule 9 of the Efficiency and Discipline (Banks & Financial Institutions) Rules, 1975. The order of this Tribunal, dated S-1-1930 was passed. In view of the order,…
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