| Citation(s) |
|---|
| 1998 SLG 1288 1998 SLD 1288 1998 PLC 254 |
Labour Appellate Tribunal, Punjab
Appeal No. MN-276 of 1993/Pb., decision dated: 19-12-1996.
MIAN GHULAM AHMAD, CHAIRMAN
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Appeal No. MN-276 of 1993/Pb., decision dated: 19-12-1996.
MIAN GHULAM AHMAD, CHAIRMAN
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PUNJAB INDUSTRIAL DEVELOPMENT BOARD through Managing Director
VS
Mrs. MUBASHRA BASHARAT and others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---West Pakistan Industrial arid Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(4)---Termination of services---Services of employee were terminated without holding any enquiry against him on allegation that he worked against interests of employer establishment, disclosed its secrets and that his conduct amounted to corruption---If activities of employee amounted to corrupt practices or malpractices, it did warrant a probe and a regular enquiry---Employer did not serve on employee any show-cause notice and did not even communicate to him any reason for his dismissal from service---Even if as "Ahmadi" activities of employee were considered to be prejudicial to good order or dangerous for establishment, he should have been charge-sheeted and made to face an enquiry---Such requisite formalities having been dispensed with and establishment having just terminated services of employee, order of termination of service was rightly held to be unsustainable in law by Labour Court. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance notice---Validity---Validity of grievance notice served on employer against termination of services of employee had been challenged on ground that same was drafted by an Advocate---If such notice could emanate from aggrieved person there was no reason why an Advocate could not draft it or send it or address it to employer on behalf of aggrieved person---Not necessary that a grievance notice should contain all averments and allegations which subsequently grievance petition had to embody. Date of hearing: 11th December, 1996. JUDGMENT The appeal is directed against the decision dated 14-6-1993, rendered by the learned Presiding Officer, Punjab Labour Court No. 9, at Multan, accepting the grievance petition, filed under section 25-A of the Industrial Relations Ordinance, 1969, by Basharat Ahmad, whose services as Labour Officer were terminated with effect from 17-4-1984. Following are the facts, but it may be mentioned here that during the pendency of the appeal, Basharat Ahmad unfortunately expired, and he was replaced by his…
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