| Citation(s) |
|---|
| 1988 SLG 1453 1988 SLD 1453 1988 PLC 1006 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-392 of 1987, decided on 27th January, 1988.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. HYD-392 of 1987, decided on 27th January, 1988.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, KARACHI
VS
UMER GUL
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition against dismissal for misconduct--Railway employee, Block Maintainer, alleged to be responsible for collusion of two trains--Delayed charge-sheet without disclosing date of alleged occurrence and any misconduct--Railway Administration failing to prove alleged charge--Labour Court awarding reinstatement with full back benefits--Appellate Tribunal reaching conclusion that it was a case of uncalled for and unnecessary litigation and not only of wastage Government money but also of harassment and clear-cut victimization and torture on poor lower grade employee at- the cost of other persons directly responsible for alleged accident--Appellate Tribunal maintained order of Labour Court and directed higher authorities to proceed against concerned officer responsible for accident and to make recoveries of loss from their personal funds. Ishaq Abbasi for Appellant. S. Fasahat Hussain Rizvi for Respondent. Date of hearing: 27th January, 1988. DECISION This is an appeal filed by the appellant Railways against an impugned or order dated 11-10-1987, passed by the Sind Labour Court No. VI at Hyderabad, who had allowed the grievance petition of the respondent directing his reinstatment in service with full back benefits. 2. Briefly stated the facts of the case are that the respondent claimed to be employed as Block Maintainer in the appellant Railways and being a permanent employee, had 16 years blotless service to his credit. That on 15-9-1985, he was` suspended without any charge-sheet whatsoever and subsequently on 3-10-1985 he was served with a charge-sheet dated 19-1I-1985. The respondent claimed that though he had replied on 8-12-1985 yet, on 2-6-1986 he was served with a second show-cause notice, dated 24-5-1986 and despite his request to supply copies of they proceedings against him vide application, dated 6-6-1986, he was not provided the' same, so, on 11-7-1986, he submitted his reply to the second show-cause notice; However, as per claim of the respondent he was removed from service, vide letter, dated 15-10-1986, therefore, he preferred a Departmental appeal dated…
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