Case Details

Citation(s)
1987 SLG 1384 1987 SLD 1384 1987 PLC 843
Labour Appellate Tribunal, Sindh
Appeal No. Kar.333 of 1986, decided on 26th January, 1987.
ALI NAWAZ BUDHANIAPPELLATE TRIBUNAL

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Messrs KOHINOOR MARBLE INDUSTRIES Ltd., KARACHI

VS

MUHAMMAD KAMIL ARZANI

Law:

Section:

(a) Industrial Relations Ordinance (XXIIII of 1969)-- ---Ss.25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(8)-­Grievance petition--Maintainability--Suspension--Suspension of a worker would only take place when there was an allegation of misconduct against him and an inquiry was ordered--Where neither allegation of misconduct was levelled against worker nor a domestic inquiry was ordered and he was suspended for an indefinite period, grievance petition, held, was maintainable. (b) Industrial Relations Ordinance (XXIII of 1969)- ---Ss.25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(8)-­Suspension--Worker suspended indefinitely--Neither he was issued a charge-sheet nor a domestic inquiry was, held, nor illegal and indefinite suspension was withdrawn, nor even he was paid any subsistence allowance during suspension--Such worker, held, was entitled to be re-instated in service in circumstances and Labour Court was right in allowing his grievance petition, with full back benefits. Zamiruddin Ahmad for Appellant. S.P. Lodhi for Respondent. Date of hearing: 26thJanuary, 1987. DECISION This is an appeal filed by the appellants against an impugned order, dated 18-10-1986, passed by the Sind Labour Court No.II, Karachi, who had allowed the grievance petition of the respondent, Muhammad Kamil Arzani, filed by him under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the respondent, Muhammad Kamil Arzani, claimed to have been working as Assistant Accountant with the appellant establishment for the last six years and was drawing the wages at Rs.1,500/- per month. Further, that as the appellants establishment had neither provided to its workers the benefits in accordance with the provisions of Labour Laws and also exploited them in violation of all its provisions, nor their wages were being paid regularly every month; therefore, he alongwith six other workers submitted an application bringing to the notice of their employer the above illegalities which was replied by the appellants establishment, vide their letter dated…
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