| Citation(s) |
|---|
| 1988 SLG 1113 1988 SLD 1113 1988 PLC 490 |
Labour Appellate Tribunal, Punjab
Appeal No. R.Y.Khan-361 of 1987, decided on 14th December, 1987
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. R.Y.Khan-361 of 1987, decided on 14th December, 1987
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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MUHAMMAD AKRAM
VS
SENIOR PERSONNEL MANAGER, F.F.C.LTD RAWALPINDI and another
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.2(c) S.0.15(4), Industrial Relations Ordinance (XXIII of 1969), Ss.25-A 38(3)--Dismissal for misconduct--Competence to issue charge-sheet, appoint Enquiry Officer and pass dismissal order one within competence of employer--Taking of approval of Head Office, held, cannot be a basis to say that authority passing dismissal order was not competent--Order of Labour Court dismissing grievance petition maintained by Appellate Tribunal. Muhammad Suleman Malik for Appellant. Naeem Bokhari for Respondent. Date of hearing: 12th December, 1987. JUDGMENT This is an appeal directed against the decision dated 27-9-1987 recorded by learned Presiding Officer, Punjab Labour Court No.8, Bahawalpur whereby the grievance petition of the appellant for his reinstatement in service has been dismissed. 2. The allegation against the appellant for which he was dismissed was that he charged medical bills of another girl describing her as his own daughter. The learned counsel for the appellant challenged the impugned order solely on the ground that the Resident Manager who issued the charge-sheet, enquiry notice and dismissal order was not competent as there is no evidence of his appointment as Factory Manager. He has argued that not only that no order of deputing the Resident Manager as Factory Manager had been produced but even no copy of the intimation of such appointment sent to the Inspector of Factories was produced. It has also been argued that the, appellant was taken in service by the Senior Personnel Manager, Rawalpindi, therefore, only he was competent to issue the charge-sheet, appoint enquiry officer and pass dismissal order. It has been argued by the learned counsel for the respondents that in the written statement no such plea was taken that the Resident Manager had not beep deputed as Factory Manager and that no such intimation 1v-is issued to the Inspector of factories. The grievance petition has been perused. In reality no such plea was taken in it. In para No.5 of the grievance petition it is pleaded that the Resident Manager had no powers to appoint or dismiss any worker,…
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