Case Details

Citation(s)
1993 SLG 1456 1993 SLD 1456 1993 PLC 716
Labour Appellate Tribunal, Sindh
Appeal No. KAR-593 of 1992, decided on 6th April, 1993.
AGHA ALI HYDER, APPELLATE TRIBUNAL

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Syed ZIAUL HASAN TIRMIZI and another

VS

THE MANAGING DIRECTOR, PAKISTAN INTERNATIONAL AIRLINES CORPORATION (PIAC), KARACHI and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Maintainability of---Pakistan International Airlines, being a statutory Corporation having its own regulations, relationship subsisting between Corporation and its employees was that of master and servant and only remedy available to an aggrieved employee, was that he could claim damage---Remedy from Labour Court could only be sought in case there was any breach of any rule or regulation---No such breach of rule having been pointed out, grievance petition filed by employee against his dismissal, was rightly dismissed. K.E.S.C. Ltd. v. N.I.R.C. and others PLD 1982 SC 103; Pakistan Television Corporation v. Babar Zaman and others 1989 SCMR 1549; Riazuddin v. Chairman, Pakistan International Airlines PLD 1992 SC 531 and Anwar Hussain v. Agricultural Development Bank of Pakistan PLD 1984 SC 194 ref. Ashraf Hussain Rizvi for Appellant. Khairul Aman for Respondents. Date of hearing: 18th March, 1993. DECISION This appeal calls in question the order of the Labour Court No. IV at Karachi dismissing the petition filed by the present appellant for reinstatement in service under section 25-A of the I.R.O. 2. Succinctly stated the circumstances forming the background of this case are as follows. 3. The appellant had joined the respondents in 1964. In December, 1979 he was transferred to Abu Dhabi as a Senior Technician. It is alleged that in the first week of April, 1980, he had assaulted one A.S. Qureshi, a senior official at his place of duty. The matter was reported to the Head Office at Karachi and after a preliminary enquiry had been made, a show-cause notice was issued on 23-4-1980 which was replied to by the p6titioner on 30-4-1980. Later a charge-sheet was issued on 27-5-1980. The reply to the charge-sheet was submitted by the petitioner on 14-6-1980, which was found to be unsatisfactory and was therefore rejected. A Regular Domestic Enquiry was ordered which was conducted by Masood Ahmed Khan, who was deputed from Karachi. The Enquiry Officer had, in due course, given his finding against the petitioner, and after personal hearing he was dismissed from service vide order, dated…
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