| Citation(s) |
|---|
| 1997 SLG 767 1997 SLD 767 1997 PLC 394 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-29 of 1996, decision dated: 18-08-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL
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Appeal No. KAR-29 of 1996, decision dated: 18-08-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL
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MUHAMMAD KHURSHID
VS
Messrs FAZAL TEXTILE MILLS LTD., KARACHI and another
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S.Os. 12 & 15Termination of service of employeeServices of employee were terminated on allegation of misconduct simply relying on report of Enquiry Officer in which neither any evidence was recorded nor employee was provided opportunity to defend himselfEmployer had contended that termination of employee could be regarded under S.O. 12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968Contention of employer was repelled in view of fact that services of employee were terminated on ground of misconductWhere there was a regular chargesheet and stigma an employee in that case could not be terminated under S.O. 12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 but under S.O. 15 of that OrdinanceEnquiry against employee being defective as S.O. 15(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 had not been complied with, order terminating service of employee was set aside and employee was directed to be reinstated in service with back benefits. M.A.K. Azmati for Appellant. Mehboob Rizvi for Respondents. Date of hearing: 18th August; 1996. DECISION This appeal is directed against the order of the 1st Sindh Labour Court, Karachi dismissing the grievance petition of the worker Muhammad Khurshid filed against Fazal Textile Mills for reinstatement in service. 2. The facts are that the services of the appellant were terminated on charges of misconduct, that: (i) He paid excess payment of wages to three workers;' (ii) He made appointment of workers himself; (iii) He entered the name of workman Muhammad Ashraf in the Attendance Register when he…
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