Case Details

Citation(s)
1988 SLG 1013 1988 SLD 1013 1988 PLC 349
Labour Appellate Tribunal, Sindh
Appeal Nos. HYD-288 to 290 of 1986, decided on 21st July, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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INDUS JUTE MILLS LTD.

VS

MANSOOR HUSSAIN and 2 others

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.2(c) & S.0.15(4)--Term "employer"--Connotation of--Director of a Public Limited Company, being included in the term "owner" held, is covered by definition of "employer"--Factory Manager hismelf victim of disorderly behaviour alleged against accused worker--Initiation of disciplinary proceedings, service of charge-sheet and passing dismissal order by Director, would be quite valid and lawful in circumstances. 1980 P L C 1224 and 1981 P L C 769 rel. P L D 1979 Kar. 35 held not applicable. Mahmood A. Ghani for Appellant. Muhammad Rasheed for Respondents. Date of hearing: 19th July, 1987. DECISION These are three appeals filed by Messrs Indus. Jute Mills Ltd., Dhabeji, District Thatta, against a common impugned order dated 10-9-1986, passed by the Sind Labour Court NoV.I, Hyderabad who had allowed the grievance petitions of the respondent workmen under section 25-A, I.R.O., 1969.. 2. The brief facts of the cases were that the respondents claimed to be the permanent employees of the appellant mills and were also the office-bearers of the Collective Bargaining Agent. It was claimed by the respondents that on 11-8-1984, they were issued charge-sheets containing the false charge of misconduct and that after holding the so-called domestic enquiry they were dismissed from services on 7-2-1985. Thereafter, the respondent workmen had served the grievance notices and then preferred grievance petitions before the Labour Court. Further, the maid grievance of the respondent workmen was that as all the proceedings against them were initiated by an incompetent persons, i.e. the Director of the appellant mills, therefore, their impugned dismissals from services were nullity in Law and were liable to be set aside and so, they be re-instated in service with full back benefits. 3. The appellant mills had resisted the petitions on the grounds that the proceedings initiated against the respondent workmen by the Director of the appellant mills were quite, competent and lawful as he was also an employer and/or owner of the mills in accordance with the provisions of Law and further…
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