| Citation(s) |
|---|
| 1989 SLG 1469 1989 SLD 1469 1989 PLC 651 |
Labour Appellate Tribunal, Punjab
Appeal No. GA-634 of 1988, decided on 22nd January, 1989.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Zafar Saleem for Appellant. Mahmood Bashir for
Respondent.
Appeal No. GA-634 of 1988, decided on 22nd January, 1989.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Zafar Saleem for Appellant. Mahmood Bashir for
Respondent.
JAMAN MASIH
VS
MUNICIPAL CORPORATION, GUJRANWALA
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)---- ---Ss. 25-A & 38(3)--Grievance petition against termination of service--Employee of Municipal Committee contended that he was a regular employee with 20 years service--Services terminated on plea that being work charged employee holding of enquiry or how-cause notice were not necessary--Labour Court accepting plea and dismissing petition--Appellate Tribunal coming to conclusion that evidence on record was not sufficient to controvert statement of employee regarding his being a regular employee--Employee, in circumstances, held, was condemned unheard--Reinstatement with 50% back benefits allowed in cir stances. JUDGMENT This is an appeal challenging the decision dated 5-11-1988 recorded by learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, whereby the grievance petition of the appellant for his reinstatement in service has been dismissed. 2. The learned lower Court has held that the appellant was a workf charged employee, therefore, holding of enquiry and giving show-cause notice were not necessary. No doubt, RW-1 stated that the appellant was a temporary employee but in cross-examination he showed his ignorance about the length of the service of the appellant. He said that since he came in Halqa in 1984, therefore, he did not know for how long the appellant was in service. Since RW-1 was not aware of the true facts, the learned lower Court had wrongly relied upon the statement for holding that the…
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