Case Details

Citation(s)
1988 SLG 1327 1988 SLD 1327 1988 PLC 770
Labour Appellate Tribunal, Sindh
Appeal No. KAR-376 of 1987, decided on 2nd February, 1988.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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KARAM CERAMIC PRIVATE (Ltd.)

VS

FAKIR MUHAMMAD

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- --S. 35--Territorial jurisdiction, Labour Court--Head Office of factory from where dismissal order of worker was issued located at one place and factory where worker had been working located at another place-­Labour Courts at both the said places, held, had territorial jurisdiction in the matter. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Reinstatement--Worker dismissed from service on ground that he was instrumental in collecting other workers, leading them to office of factory manager, raising slogans and used abusive language against him--First Enquiry Officer who admitted and realised that worker was involved in a false and concocted case of gross misconduct, was removed from employment by appellant management-­Other enquiry officer who completed enquiry was eye-witness to alleged incident against worker and could not either be an enquiry officer or a judge against alleged charge of misconduct--Independent enquiry officer not appointed by management to conduct inquiry--Entire evidence against worker doubtful--Order of reinstatement passed by Labour Court maintained in circumstances. Mahmood Abdul Ghani for Appellant. Khalilur Rehman for Respondent. Date of hearing: 2nd February, 1988 DECISION This is an appeal filed by the appellants against an impugned order, dated 25-10-1987, passed by the Sind Labour Court No.V, Karachi, who had allowed the grievance petition of the respondent under section 25-A, I.R.O. 1969, directing his reinstatement in service with full back benefits. 2. Briefly stated the facts of the case are that the respondent claimed to be a permanent workman of the appellant establishment and that on 27-1-1986, he was issued a charge-sheet that on 23-1-1986, he was alleged to have collected the workers of Casting Department and led a procession to the office of the factory manager raising slogans and using abusive language against him. The respondent claimed that though he had submitted a satisfactory reply to this charge-sheet which was not found satisfactory therefore, one Ansar Ahmed Khan, Personnel Officer was appointed to conduct a domestic enquiry…
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