| Citation(s) |
|---|
| 1989 SLG 2521 1989 SLD 2521 1989 PLC 983 |
Labour Appellate Tribunal, Sindh
Revision Application No. KAR-218 of 1985, decided on 15th November, 1988.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Revision Application No. KAR-218 of 1985, decided on 15th November, 1988.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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ISHTIAO AHMED KHAN and 4 others
VS
Messrs COTTON EXPORT CORPORATION OF PAKISTAN
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A, 47 & 36--Grievance petition--Application for permission of Labour Court for action against office-bearers of trade union during pendency of industrial dispute--Procedure of regular trim required for adjudication of grievance petition under S. 25-A not necessary for deciding application under S. 47--Application under S. 47 has to be disposed of by way of summary procedure by considering pleadings of parties, admitted documents and hearing of parties-Point to be considered by Labour Court on application under S. 47 is whether employer had made out a prima facie case for grant of permission and whether it was not a case of victimisation--La hour Court for arriving at decision has to apply its mind judiciously to contentions of parties and give some reasons/grounds for coming to such decision--Labour Court while granting permission recorded only that there existed a prima facie case and that proposed action would not amount to victimisation--Order of Labour Court not showing whether contentions of parties were considered nor indicating grounds for arriving at such decision--Case remanded in circumstances. S.P. Lodhi Representative for Applicants. Laiq Ahmed, Junior of Samiullah Khan for Respondents. Date of hearing: 15th November, 1988. DECISION This application was filed under section 38(3-a) of the I.R.O.. 1969, praying that this Tribunal may call for the record of the case filed by the respondents under section 47 of the I.R.O., in the First Sind Labour Court, Karachi, for satisfying itself as to the correctness, legality or propriety of the order dated 20-7-1985 passed by the learned First Sind Labour Court, Karachi allowing the application of the respondent under section 47 of I.R.O., 1969. 2. The facts leading to this revision application are that the applicants who were off ice-bearers of the union are the workmen working with the respondent corporation. During the pendency of Industrial dispute between the respondents and the workmen the present applicants were charge-sheeted for alleged act of misconduct and domestic inquiry was instituted against them. The respondents moved an application…
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