| Citation(s) |
|---|
| 1986 SLG 2243 1986 SLD 2243 1986 PLC 698 |
Labour Appellate Tribunal, Punjab
Appeal No. QSA-361 of 1985, decided on 5th February, 1986.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. QSA-361 of 1985, decided on 5th February, 1986.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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FAUJI SUGAR MILLS
VS
ATTAULLAH
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Re-instatement--Back benefits--Impugned dismissal order technically defective--Back benefits cannot be awarded. Syed Noor Ahmad for Appellant. M.A. Hamid Awan for Respondent. Date of hearing: 22nd January, 1986. JUDGMENT The decision, dated 2-5-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala has been challenged in this appeal, whereby the respondent was directed to be re-instated in service with 56 per cent back benefits. 2. The allegations against the respondent were that he had laid false aspersions of theft against Taj Muhammad, Security Head Guard, Ghulam Shah, Security Supervisor and Muhammad Hanif, Security Guard. The charge-sheet is Exh.Ra2, dated 23-10-1983. In reply Exh .R .l the respondent admitted to have accused Ghulam Shah and Taj Muhammad of theft but pleaded that on the asking of Muhammad Bashir, Security Guard, who had said that the Labour Officer wanted it. He did not make admission regarding Muhammad Hanif. In inquiry the witnesses did not give evidence against the respondent. The witnesses were recalled and extensively cross-examined by the Inquiry Officer. Since the respondent had admitted the allegation so far as Taj Muhammad and Ghulam Shah were concerned, so inquiry was to make regarding the allegation that the respondent had accused Muhammad Hanif, Security Guard also. Since none of the prosecution witnesses deposed against the respondent, the allegation regarding Muhammad Hanif remained unproved. The order of dismissal is bad in law…
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