Case Details

Citation(s)
1988 SLG 924 1988 SLD 924 1988 PLC 213
Labour Appellate Tribunal, Sindh
Application No. 159 of 1986, decided on 25th October, 1987.
AHMED YAR KHAN, PRESIDING OFFICER

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FAQIR MUHAMMAD

VS

KARAM CERAMICS (Pvt.) LTD.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 35--Territorial jurisdiction of Labour Court--Objection to jurisdiction not raised in written statement--Legal objection, held, could be raised at any stage of proceedings--Legal objection disposed of by Labour Court before going into merits. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 25-A & 35--Territorial jurisdiction of Labour Court--Grievance petition against dismissal from service for misconduct--Charge sheet signed by Factory Manager--Factory located within territorial jurisdiction of Labour Court "A"--Dismissal order issued by Head Office located within territorial jurisdiction of Labour Court "B"-­Grievance notice sent to General Manager at Head Office--No evidence that Factory was running as independent entity--Labour Court "B" having territorial jurisdiction over Head Office, held, was proper forum. (c) Industrial dispute---- --- Domestic enquiry--Enquiry Officer an eye-witness to alleged incident--Enquiry Officer, in circumstances, held, was not independent and impartial--Reliance cannot be placed upon report of such Enquiry Officer. 1976 P L C 779 rel. (d) Industrial dispute-- --Domestic enquiry--Change of Enquiry Officer--Reliance by new Enquiry officer upon evidence and cross-examination recorded by previous Enquiry Officer, held, was not proper and resultant penalty order not sustainable. 1984 P L C 211 and 1184 rel. Khalilur Rehman for Applicant. Mahmood A. Ghani for Respondents. ORDER Applicant was permanent employee in the respondent establishment. On 27-1-1986 he was charge-sheeted (Annexure A-1 to the grievance petition) that on 23-1-1986 at about 2-00 p.m., he collected other workers of Casting Department and led procession to the office of the Factory Manager. That the applicant and the members of the procession were raising solgans and were using abusive language against the Factory Manager. The applicant was charged of gross misconduct. Applicant submitted reply to the charge-sheet (Annexure A-3 to the grievance petition), but the reply did not find favour with the management and Mr. Ansar Ahmed Khan Personnel Officer was appointed as Enquiry…
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