| Citation(s) |
|---|
| 1998 SLG 1191 1998 SLD 1191 1998 PLC 30 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-521 of 1996, decision dated: 4-12-1996.
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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Appeal No. KAR-521 of 1996, decision dated: 4-12-1996.
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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MUHAMMAD MUSHTAQUE
VS
THE PRESIDING OFFICER, SINDH LABOUR COURT NO. 1, KARACHI and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(b)---Dismissal from service---Employee was dismissed from service after charge-sheeting him and holding domestic enquiry against him on charge of fraud and dishonesty--Charges on basis of which employee was dismissed from service had fully been proved and employee had failed to show that he had been victimised for political reasons or for union activities as alleged by him---Employee, in circumstances, was rightly dismissed from service. Gohar Iqbal for Appellant. Faruq A. Ghani for Respondents. Date of hearing: 4th December, 1996. DECISION This worker's appeal arises from an order of the 1st Sindh Labour Court, Karachi, dismissing his grievance petition under section 25-A of the I.R.O. for reinstatement and back benefits. 2. The appellant worker was employed in the National Fibres Limited, the respondent-Company, since October, 1982. On 23-6-1990 he is said to have committed a misconduct for which he was charge-sheeted on 16-7-1990 and dismissed from service on 24-10--1990. Against this dismissal, he served the company with grievance notice and filed grievance petition before the Labour Court and the Labour Court in a detailed judgment discussed the evidence and the reasons and then dismissed the petition of the worker for reinstatement and back benefits. Against this order the worker Muhammad Mushtaque has preferred this appeal. 3. The facts about the alleged misconduct are extraordinary. It is said that on 23-6-1990 this worker came to the factory as usual, punched his attendance Card and then instead of going into his department for work he left the factory through another gate. On the next day, that is on 24th June, lie again came into the factory through the Main Gate but this time he punched his card for going out instead of in and again tried to leave the factory. The idea was to show his entry in the factory on 23rd and his exit from the factory on 24th in order to claim working in the factory for 24 hours continuously on over time. He could thus do no work during 24 hours but get wages…
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