| Citation(s) |
|---|
| 1988 SLG 598 1988 SLD 598 1988 PLC 327 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-71 of 1984, decided on 12th April, 1986.
AL I NAWAZ &4DHANI, APPELLATE TRIBUNAL
Ali Amjad for Appellant. Anwar Mansoor for
Respondent.
Appeal No. KAR-71 of 1984, decided on 12th April, 1986.
AL I NAWAZ &4DHANI, APPELLATE TRIBUNAL
Ali Amjad for Appellant. Anwar Mansoor for
Respondent.
Shaikh ABDUL RASHID
VS
STATE LIFE INSURANCE CORPORATION OF PAKISTAN, KARACHI
Law:
Section:
State Life (Employees) Service Regulations, 1973-- ---Regln.31--Industrial Relations Ordinance (XX11I of 1969), Ss.25-A 38(3)--Disciplinary action against Senior Clerk--Punishment powers vesting in Executive Director--Findings of enquiry establishing charge based upon hearsay evidence--Alleged complaint neither produced before Enquiry Officer nor before Labour Court--Penalty of reduction in pay and stoppage of promotion imposed by Manager Personnel who was not authorised or competent to do so--Action allegedly as victimisation for trade union activities--Labour Court dismissed grievance petition--Appellate Tribunal set aside order of Labour Court and also impugned penalty order directing appellant employee to be restored to his due position. DECISION This is an appeal tiled by the appellant against an impugned order dated 23-2-1984, passed by the Sind Labour Court No. V, Karachi who had dismissed the grievance petition under section 25-A, I.R.O. 1969 of the respondent, namely, Shaikh Abdul Rasheed. 2. Brief facts of the case are that the appellant was an old and permanent employee of the respondent Corporation and was working as Senior Clerk in the pay scale of Rs.385-22-50-610-EB-25-860 and at the relevant time was getting Rs.635 per month as basic pay. Besides this, the appellant claimed to be the Senior Joint, Secretary of the State Life Insurance Employees Union which was the unit of the Collective Bargaining Agent at Karachi and in that capacity, as he was active in taking up various problems 'and grievances of the workmen, therefore a displeasure of some of the senior officers of the corporation was developed so they were allegedly inclined to get rid of him. It was also a case of the appellant that as a measure of harassment and victimization only due to legitimate trade union activities, he was issued false and concocted three charge-sheets, one after another in quick succession, dated 15-3-1981, 16-3-1981 and 19-3--1981 but he was exonerated from the charges contained in the charge-sheets dated 16-3-1°81 and 19-3-1981. However the appellant alleged to have been found guilty of a part of the charge contained in the charge-sheet, dated 15-3-1981, and…
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