| Citation(s) |
|---|
| 1997 SLG 745 1997 SLD 745 1997 PLC 350 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-195 of 1995, decision dated: 5-05-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL
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Appeal No. KAR-195 of 1995, decision dated: 5-05-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL
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PRINTING CORPORATION OF PAKISTAN (PVT.) LTD., KARACHI
VS
MUHAMMAD ASIF
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)S. 25ADismissal from serviceEmployee was dismissed from service after serving him chargesheet and holding enquiry against him on charge that he, alongwith others put up banners and photograph in favour of a political party, raised slogans inside the premises of employer CorporationEnquiry held against employee was defective as Assistant Director of employer Corporation had appointed himself as Enquiry Officer and he dismissed employee from service on his own reportLabour Court, in circumstances, had rightly concluded that enquiry against employee was partial as Enquiry Officer had himself acted as Authority dismissing employee from serviceEmployer Corporation had also failed to prove allegations on basis of which employee was dismissed from service Co-employee who was also dismissed on same allegations, was reinstated in serviceLabour Court, in circumstances rightly ordered reinstatement of employee holding that domestic enquiry against employee was partial and illegal PLD 1978 SC 207 and 1983 P L C 721 ref. Kunwar Mukhtar Ahmed for Appellants. Ch. Muhammad Ashraf Khan for Respondent. Date of hearing: 5th May, 1996. DECISION This appeal by the Printing Corporation of Pakistan is directed against the order of the 1st Sindh Labour Court, Karachi, allowing a petition under section 25A of the I.R.O., 1969 of worker Muhammad Asif and directing his reinstatement in service with back benefits. 2. Respondent Muhammad Asif was employed as a labourer in the Printing Corporation and later on he was promoted as Lower Division Clark. A group of workers put up banners and photograph in favour of a political party, raising slogans inside the Printing Corporation premises. These banners were pulled down under orders of the Manager when the workers became rowdy and raised slogans against the management. A chargesheet was drawn up and served on the workers including Muhammad Asif, Amiruzzaman and others. One Atta Muhammad, Assistant Director of the Printing Corporation acted as the Enquiry Officer found Muhammad Asif guilty and directed his dismissal from service. Muhammad Asif filed his grievance petition under section 25A of the…
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