Case Details

Citation(s)
1989 SLG 2529 1989 SLD 2529 1989 PLC 1004
Labour Appellate Tribunal, Sindh
Appeal No. KAR-171 of 1987, decided on 13th November, 1988.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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MUHAMMAD MUSTAFA KHAN

VS

Messrs PAKISTAN STEEL MILLS, KARACHI

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.15(4)--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)-­Dismissal for misconduct--Accused workman to be informed m writing of alleged misconduct within one month of date of misconduct or of date on which it comes to notice of employer--Petitioner workman specifically mentioning in grievance petition that enquiry proceedings were true-barred under S.O.15(4)--Denial by employer in written statement vague without specific mention as to when alleged misconduct came to his notice--Burden to prove same, held, would be upon employer--Statement of a witness either based upon hearsay knowledge derived from statement of competent authority or based upon no documentary proof, held, was not sufficient to discharge such onus--Employer i.e. competent authority not himself appearing in evidence to show as to when alleged misconduct came to his knowledge--Contention that in a big organisation it must have taken some time for alleged misconduct to come to notice of competent authority on basis of written report submitted by lower tiers of management repelled due to lack of evidence as to when alleged misconduct came to the knowledge of employer--Show-cause notice issued much after date of alleged misconduct--impugned dismissal order, in circumstances, held, illegal and void, hence set aside by Appellate Tribunal and workman ordered to be reinstated in service with full back benefits. Anwar Wasti, Representative for Appellant. S.M. Yaqoob, Representative for Respondents. Date of hearing: 13th November, 1988. DECISION This appeal is directed against the order, dated 21-4-1987, passed by the learned Presiding Officer, IVth Sind Labour Court at Karachi, whereby he dismissed the grievance application of the appellant. 2. The facts leading to this appeal in brief are that the appellant was employed as Security Guard by the respondents from 3-6-1981. On 30-10-1984, he was charge-sheeted and was given notice to show cause alleging therein that he had tampered with the duty attendance register of September 1984, and had affixed the signature of Security Assistant by…
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