| Citation(s) |
|---|
| 1988 SLG 1268 1988 SLD 1268 1988 PLC 690 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-323 and 324 of 1984, heard on 2nd August, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeals Nos. KAR-323 and 324 of 1984, heard on 2nd August, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Messrs PRINCE GLASS WORKS Ltd. KARACHI
VS
MUHAMMAD ISHTIAQUE AND ANOTHER
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.0.15 (3)(4)--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A, 38(3)--Dismissal for misconduct--Accused workers alleged to have committed physical assault on their supervisor during working hours in Factory--Statement of complainant supported by two witnesses--Accused deliberately not participating in enquiry despite notice and admittedly given chance of defence--Ex parte enquiry conducted lawfully--Charges established--Order of Labour Court awarding re-instatement with full back benefits, in circumstances, was set aside and grievance petitions dismissed by Appellate Tribunal. 42 F J R 97; 1984 P L C 446; 1986 P L C 515; 1985 P L C 570; 1960 P L C 439; 1986 P L C 1131; 1985 P L C 416; 1980 P L C 610; 1983 P L C 9 4; 1977 P L C 148; 1980 P L C 178; 1984 P L- C 576; 1985 P L C 107 and 1969 P L C 815 ref. Mahmood A. Ghani for Appellant. Ali Amjad for Respondents. Date of hearing: 2nd August, 1987. DECISION These are two appeals filed by Messrs Prince Glass Works Ltd. Karachi, against the two impugned orders, passed on 5-12-1984, by the Sind Labour Court No.IV, Karachi, who had allowed the grievance petitions of the respondent workers, under section 25-A, I.R.O. 1969, directing their re-instatement in service with full back benefits. As the facts and circumstances in both the cases are common and similar, therefore, I would decide both the appeals by this single decision. 2. Brief facts of the cases are that the respondents were permanent workmen of the appellant establishment as Furnace Operators. Both the respondents claimed that as they were agitating against the injustices being done with them, therefore, the appellant establishment and the members of the C.B.A. Union were not happy with their action and that in conspiracy with one Abdul Qayum, Head Furnace Operator, had succeeded in issuing a false and fabricated charge-sheet against them alleging therein that both of them had committed physical assault on Abdul Qayum when he wanted to enter in the factory on 21-7-1982, to inspect the blowing furnace. Further, they claimed that they were not given full…
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