Case Details

Citation(s)
1988 SLG 1381 1988 SLD 1381 1988 PLC 862
Labour Appellate Tribunal, Sindh
Application No. 84 of 1987, decided on 2nd December, 1987
A., J. BACHANI, PRESIDING OFFICER

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ABDUL JAMIL

VS

Messrs PAKISTAN STEEL

Law:

Section:

(a) Industrial dispute-- --- Domestic enquiry--Second show-cause notice, not a mandatory requirement of law--Opportunity of second show-cause notice given--Copy of enquiry report if asked for, held, should be supplied. P L D 1981 SC 225 ref. 1986 P L C 1018 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. O. 15 (3)--Industrial Relations Ordinance (XXIII of 1969), S. 25-A-­Dismissal for misconduct--Absence for more than 10 days, due to sickness-­Medical Officer of Establishment appearing in Court and supporting certificate advising rest--Workman previously for several times remaining away on grounds of sickness and medical certificates mentioning different kinds of diseases and ailments--Labour Court, in circumstances, accepting grievance petition awarding re-instatement without back benefits and subject to reprimand to workman to avoid absence in future except for compelling reasons. ORDER In the petition under section 25-A of the Industrial Relations Ordinance for the redress of the grievance, Mr. Abdul Jamil has challenged the order of dismissal of 11-3,-1987, from the employment of the Steel Mill as illegal, on the ground that he was seriously ill from 9-9-1986 to 22-9-1986, being disabled to perform the routine duties and also being resident at far-off place and not in a position to communicate illness to the Operational Head. In this context he has referred the certificate of the Medical Officer of Pakistan Steel Mill Panel, to show that there was no justification to initiate enquiry. 2. Mr. Jamil has filed this petition in a position as ex-fitter for the purpose of jurisdiction under the Industrial Relations Ordinance. 3. The respondent in his written reply has taken this defence that applicant was appointed as a trainee in the Metallurgical Training Centre where he joined on 30-12-1981 and finally dismissed on 11-3-1987. 4. Respondent has given the background of his duty performance relating to absences what they explained, that after 15 days of his joining service, he remained absent from duty, left for home without information. He was given the notice of show-cause and was issued the warning…
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