Case Details

Citation(s)
1988 SLG 1089 1988 SLD 1089 1988 PLC 463
Labour Appellate Tribunal, Sindh
Appeal No. HYD-223 of 1985, heard on 19th August, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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MEHRAN SUGAR MILLS

VS

SHER MUHAMMAD

Law:

Section:

Industrial Relations Ordinance (RXIII of 1969)-- ---Ss.25-A & 38(3)--Grievance petition against dismissal for misconduct--Compromise of parties--Labour Court awarding re-instatement with full back benefits--Order of Labour Court challenged in appeal--Parties arriving at compromise during pendency of appeal that workman would be taken in service with 50$ back benefits--Appellate Tribunal, in circumstances, maintained Labour Court's order with 50$ back benefits. Abdul Ghani Khan for Appellant. Bashir Awan for Respondent. Date of hearing: 19th August, 1987. DECISION This is an appeal against an impugned order, dated 7-7-1981 passed by the Sind Labour Court No.VI, Hyderabad, who had allowed the grievance petition of the respondent directing his re-instatement in service with full back benefits, under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the respondent claimed to be an employee of the appellant mills as a Driver and on 21-2-1984, he was issued a charge-sheet on a complaint made by his co-driver, namely, Manzoor Mustafa Shah that he had committed a fraud in regard to one Slip issued by the Chief Executive for the supply of 13 litres of petrol. He further claimed that though he submitted a satisfactory reply to this charge-sheet, yet, a so-called enquiry was conducted against him and subsequently, on 1-2-1984, he was dismissed from service. Thereafter, the respondent claimed that after a proper grievance notice, he submitted his grievance petition under section 25-A, I.R.O. 1969 before the learned Labour Court. Further, the claim of the respondent is that in fact he did not utilize the said Slip for petrol as it had fallen in a nearby canal, therefore, he neither committed any fraud nor any misappropriation and that due…
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