| Citation(s) |
|---|
| 1989 SLG 2490 1989 SLD 2490 1989 PLC 904 |
Labour Appellate Tribunal, Punjab
Appeals Nos. KS-375 to 401 and 414 to 418 of 1987, decided on 20th July, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeals Nos. KS-375 to 401 and 414 to 418 of 1987, decided on 20th July, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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PERSONNEL MANAGER, PATTOKI SUGAR MILLS, KASUR
VS
Soofi MUHAMMAD SADIQ and 33 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 36--Grievance petition--Adjudication of--Procedure--Legal objection--Disposal of--Objection requiring no evidence could be decided by Labour Court forthwith--Objection that no valid grievance notice was served was a question of fact which could be decided after inviting evidence--Order of Labour Court passed without inviting evidence set aside by Appellate Tribunal and case remanded for decision afresh after inviting evidence of the parties. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15(4)--Domestic enquiry--Charge-sheet issued by a person who was an eye-witness to alleged incident of misconduct was not a valid charge-sheet-Neither enquiry could be held nor penalty order could be passed on bass of such invalid charge-sheet. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 36--Procedure--Order announced orally before same was prepared and signed would not be sustainable. P L D 1976 Lah. 1162 and P L D 1982 Kar. 250 rel. P L D 1973 S C 379 ref. Saleem Baig for Appellant. Respondents Malik Muhammad Sadiq, Khalil Ahmad, Qasim Ali, Naimat Ali, Aulia Khan, Muhammad Ramzan, Muhammad Abdullah and Maqsood Ahmad in person. Nemo for the Remaining Respondents. Date of hearing: 21st March, 1988. JUDGMENT Since all the 34 grievance petitions were disposed of by the learned lower Court through a single decision, all the appeals captioned above are being disposed of together through this single judgment. 2. The above mentioned 34 appeals emerge from the decision dated 7-11-1987 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the respondents have been directed to be reinstated in service with back benefits. 3. The facts of appeals mentioned at serial Nos. 1 to 27 above are different (Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal) from the facts of the cases from which appeals mentioned at serial Nos. 28 to 34 arise. The respondents in the appeals mentioned at serial Nos. 1 to 27 were the regular employees of the appellant and on the allegation of commission of misconduct they were…
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