| Citation(s) |
|---|
| 1985 SLG 2313 1985 SLD 2313 1985 PLC 1015 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-80 of 1984, heard on 18th March, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. KAR-80 of 1984, heard on 18th March, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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MESSRS GHULAM AHMED TEXTILE MILLS LTD. KARACHI
VS
ZARDULLAH KHAN
Law:
Section:
(a) Industrial dispute--- ---Dismissal for misconduct - Second show-cause notice-Not a requirement of law. Dawood Cotton Mills Karachi v. Guftar Shah and others P L D 1981 S C 225 ref. (b) Industrial dispute- --Dismissal for misconduct-Charge-sheet-Charge should be precise in its scope and particular in its details-Charge of disobedience of orders of superiors-Names of superiors not disclosed-Charge-sheet, held- not proper. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---Ss. O. 2 (3) & 15--Domestic enquiry conducted under S. O. 15 proposing punishment of dismissal from service-Ex parte proceedings held in hot-haste-Plea of accused that he was gate-stopped and prevented from participating in enquiry not successfully rebutted-Punishment of termination of service not prescribed under S. O. 15 but mentioned in S. O. 12 (3) imposed-Impugned order of termination of service, in circumstances, held, rightly set aside by Labour Court. M . L. Shahani for Appellant. Mirza Muhammad Kazim for Respondent. Date of hearing : 18th March, 1985. DECISION This is an appeal against the order of the Labour Court No. 1, dated 20th January, 1977. The learned Labour Court allowed the grievance petition of the respondent, Zardullah Khan and ordered his reinstatement with all back benefits. The matter was heard in appeal by this Tribunal and the appeal was dismissed on the simple ground that second show-cause notice was not given and hence the appeal was dismissed. Thereafter, a Constitutional Petition was preferred being C. P. No. D-396/77 where the said petition was allowed but it was remanded to the Tribunal to decide the case of Zardullah Khan on merits. The second show cause notice according to the authority of the Supreme Court in the Dawood Cotton Mills Karachi v. Guftar Shah and others (P L D 1981 S C 235), wherein it was held that second show-cause notice was not the requirement of before the award of punishment. Thus, the High Court remanded the for deciding the appeal on merits by this Tribunal. 2. The facts involved in the present case are that the respondent Zardullah Khan was an employee or permanent workman in…
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