Case Details

Citation(s)
1997 SLG 640 1997 SLD 640 1997 PLC 162
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-45 to KAR-47 of 1996, decision dated: 21st April, 1996
MUSHTAQ ALI QAZI, APPELLATE TRIBUNAL

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PAKISTAN STEEL MILLS CORPORATION through GENERAL Manager (A&P), Karachi

VS

WAHID HUSSAIN BURNI and 2 others

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)S. 25AWest Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15Workman­Dismissal from serviceGrievance petitions filed by employees against their dismissal from service were resisted by employers contending that employees were not workmen, thus their grievance petitions were not maintainable­Witness of employers had himself admitted in his crossexamination that employees though were designated as Junior Managers, but actually they were doing clerical work in the officeWitness also admitted that employees were officebearers of Collective Bargaining AgentEmployers failed to produce on record chart of duties of employees to show that they were doing purely Managerial workChargesheet which under S.O. 15(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was to be served on employees within thirty days from date of alleged incident on basis of which employees were dismissed from service, was served after one year and five monthsGrievance petitions filed by employees thus were maintainable and order of their dismissal was not validGrievance petitions filed by employees against their dismissal were, rightly accepted by Labour Court. Abdul Qadir Laghari for Appellants. Muhammad Tasnim for Respondents. Date of hearing: 21st April, 1996. DECISION These three connected appeals are directed against the order of the. Fourth Sindh Labour Court, Karachi, accepting the grievance petitions of the respondent workers for reinstatement and back benefits. 2. The facts in brief are that the respondents were designated as HSWII Junior Managers but actually they were doing clerical work. They were members of C.B.A. Union. On or about 891992 the respondents were served with chargesheets regarding incident which took place about one year prior to the date of chargesheet. Without holding a proper enquiry the…
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