| Citation(s) |
|---|
| 1992 SLG 814 1992 SLD 814 1992 PLC 447 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-19 of 1991, heard on 4th March, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Appeal No. KAR-19 of 1991, heard on 4th March, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Messrs GLOBE TEXTILE MILLS LTD., KARACHI.
VS
MEERZADA Messrs GLOBE TEXTILE MILLS LTD., KARACHI. vs MEERZADA
Law:
Section:
Industrial Relations Ordinance XXIII of 1969)--- ----S.25-A---Termination of service---Service of respondent was terminated when he was gate-stopped on ground that he had himself resigned--Respondent very strongly denied to have tendered his resignation---Labour Court allowed respondent's grievance petition and reinstated him with full back benefits---Appellant challenging order of Labour Court---Respondent disowned contents of resignation although he had admitted his signature on resignation but stated that his signatures were obtained on blank papers---In cross-examination it was suggested to the witness of appellant that appellant used to obtains signature or thumb-impression at time of appointment of workman which was denied---Respondent's disowning signature was supported by circumstances---Burden shifted on appellant to prove that respondent had voluntarily resigned and was not discharged by him--Held. respondent could not be said to have left service in pursuance of submission of his resignation ---Re-instalment of respondent was upheld. Abdul Hadi Farid for Appellant. Al-Haj Farid Gul Khan for Respondent. Date of hearing: 4th March, 1991. DECISION This is an appeal against the order dated 5th January, 1991 passed by, the learned Presiding Officer, Sindh Labour Court No. IV at Karachi whereby the grievance petition of the respondent was allowed and he was directed to be reinstated in service with full back benefits. 2. I have heard Mr. Abdul Hadi Farid, Manage; Administration Legal' Affairs for the appellant and Mr. Al-Haj Farid Gul Khan for the respondent and have also gone through the record and proceedings of the case. 3. The admitted facts of the case appear to be that the respondent was k working with the appellant when fun services were terminated on 20-12-1989. According to the respondent he was gate-stopped on the said date and his services were terminated without an order in writing. He first approached the Labour Directorate but on failure to get any relief, he served grievance notice upon the appellant and then filed the grievance petition which was resisted by the appellant on the ground that respondent had himself resigned from service and…
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