Case Details

Citation(s)
1988 SLG 1170 1988 SLD 1170 1988 PLC 560
Labour Appellate Tribunal, Punjab
Appeal No. BR-85 of 1985, decided on 26th May, 1986
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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MUSLIM COMMERCIAL BANK LTD., BAHAWALPUR

VS

MAZHAR ABBAS GARDEZI

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38 (3)--Scope of 5.25-A--Powers of Labour Court with regard to quantum or kind of punishment--Prescribing punishment, held, was prerogative of employer--Misconduct if found to have been established Labour Court, held, would have no jurisdiction to interfere with punishment order--Grievance petition against dismissal for misconduct wherein Labour Court not recording any findings with regard tb alleged misconduct but setting aside impugned dismissal order on ground that allegations though amounting to misconduct were not so serious as to attract maximum penalty of dismissal from service--Objection in appeal that Labour Court has no jurisdiction to set aside punishment only on ground that it was harsh was accepted and order of Labour Court set aside by Appellate Tribunal.' (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.37 & 38(3)--Appeal against decision of Labour Court--No cross objections filed by respondent--Respondent in circumstances, held, could only support but could not challenge impugned order. Irshad Ali Mian for the Appellant. Maqbool Anees for Respondent. Date of hearing: 18th May, 1986. JUDGMENT The decision dated 22-1-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.8, Bahawalpur has been challenged in the appeal captioned above, whereby the respondent has been directed to be reinstated in service. 2. The allegations against the respondent as given in Charge-sheet Ex.P-1 were that he removed 18 pages of attendance register, that he was a habitual absentee and that in spite of remaining absent he marked himself present in the attendance register. The learned lower Court has not recorded any finding on the point whether the respondent had marked himself present in the attendance register on the dates on which he was actually absent. The conviction recorded by the employer on the other two charges has not been set aside by the learned' lower Court but it has opined that the allegations were not so serious as to attract the maximum penalty of dismissal from service. It has been argued on behalf of the appellant that the Courts have no jurisdiction…
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