| Citation(s) |
|---|
| 1987 SLG 1452 1987 SLD 1452 1987 PLC 956 |
Labour Appellate Tribunal, Sindh
Application No. 98 of 1985, decided on 15th April, 1987.
SYED NASIR HUSSAIN, JAFRI, PRESIDING OFFICER
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Application No. 98 of 1985, decided on 15th April, 1987.
SYED NASIR HUSSAIN, JAFRI, PRESIDING OFFICER
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MUHAMMAD ANWAR
VS
Messrs MODerN TEXTILE MILLS Ltd., TANDOJAM
Law:
Section:
(a) Industrial Relations. Ordinance (XXIII of 1969)-- ---S.25-A-- Grievance petition against dismissal for misconduct-Allegation of abusing management, assaulting and stopping officers from entering into Mills--Neither any such officer alleged to have been assaulted or humiliated brought in evidence nor even their names disclosed--Conduct of Enquiry Officer indicating that enquiry was not conducted honestly--Accused deprived of right of defence and proceedings fabricated by Enquiry Officer under dictates of management--Impugned dismissal order pursuant to such enquiry proceedings set aside awarding re-instatement with all back benefits. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1969)-- ---S.O.15--Misconduct--Abuses or raising slogans against management after duty hours and outside the department, held, did not constitute misconduct. Muhammad Bashir Awan for Applicant. Masood Ahmed Shaikh, Representative for Respondent. ORDER The applicant was employed as Jobber and was covered by the provisions of Standing Orders, Ordinance of 1968. The workers formed a trade union in October 1984 under the name of Modern Textile Mills Employees Union. After its registration, it applied for referendum and finally it emerged as CBA but this was never approved by the management. It accordingly adopted ante labour tactics and started harassing the active members of the union in different ways. Finally, it terminated about 400 workers in March 1985 on the false and ficticious ground. Due to the protest of the workers and the intervention of the Authorities the management had to re-start the Weaving Department on 2-6-1985 but it did not restore the status of permanent workman to the terminated employees and forced them to accept re-employment in the first instance and thereafter they should work under the contractor and on their refusal to do so they were falsely implicated in false cases. With this end in view, the management charge sheeted the applicant on 16-6-1985 containing false and ficticious allegations. It was duly replied on 27-6-1985. Thereafter, most unfair enquiry was conducted without affording opportunity of defence to…
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