Case Details

Citation(s)
1992 SLG 821 1992 SLD 821 1992 PLC 466
Labour Appellate Tribunal, Sindh
Appeal No. KAR-24 of 1991, decided on 23rd October, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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HABIBULLAH

VS

HABIBULLAH vs

Law:

Section:

(a) Industrial dispute--- ---- Dismissal from service---Reinstatement---Employee who was dismissed from service on charge of misbehaviour and misconduct had admitted service of charge-sheets and notices of enquiries on him---Employee who also had admitted that he did not attend enquiry proceedings and did not cross-examine prosecution witnesses before Enquiry Officer, had contended that he was gate stopped and was not allowed to enter factory premises in order to attend enquiry and examine himself or to produce his defence-witnesses---Allegation of employee that he was gate stopped and was not allowed to enter factory premises was supported only by his sole witness---Enquiry papers showed that on allegation of employee, gate chowkidar was examined who reported that on date and time fixed for enquiry, employee did not come on duty---Enquiry was adjourned and thereafter enquiry was adjourned for so many times, but' employee failed to come on adjourned dates---In view of unrebutted evidence of gate keepers that employee did not come to duty on dates when enquiry was conducted, Labour Court had rightly disbelieved employee that he was gate stopped and that he was not allowed to participate in domestic enquiry---Evidence before Enquiry Officer having fully proved charges against employee, employee was rightly dismissed from service. Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others PLD 1972 SC 25; 1990 PLC 460; 1990 PLC 63; 1990 PLC 429; M/s. Kapadia Transport Company Limited, Karachi v. Labour Union 1975 PLC 839; S. Pervez Akhtar v. M/s. General Tyre and Rubber Co. of Pakistan Ltd. Appeal No. KAR-161/1989, decided on 26-9-1989; 1990 PLC 460 and Muhammad Hussain v. M/s. Gul Ahmed Textile Mills Ltd. 1981 PLC 203 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance M of 1968)--- ----S.O. 15(4)---Enquiry report---Employee, who was dismissed from service -on ground of misbehaviour and misconduct, had contended that he was neither given copy of enquiry report nor opportunity of defence to show cause against order of dismissal---Provisions of Standing Order 15(4) of Ordinance, neither required issuance of second…
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