Case Details

Citation(s)
1999 SLG 942 1999 SLD 942 1999 PLC 496
Labour Appellate Tribunal, Sindh
Appeal No.HYD-208 of 1998, decision dated: 18-03-1999.
DR. TANZILURRAHMAN, CHAIRMAN

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SANAUR REHMAN

VS

Messrs TREET CORPORATION LIMITED through Manager 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)(h)---Dismissal from service---Employee was dismissed from service after holding enquiry against him on ground of gross misconduct---Allegation against employee was that he quarreled with his co-employee and threatened said co-employee in presence of other worker to kill him---Allegation against employee had fully been proved---Employee had contended that Enquiry Officer had not taken into consideration the patch-up arrived at between him and co-employee--­Question of patching-up was between two individuals which could not be the basis of dropping off enquiry if otherwise there was sufficient material on record to prove guilt of employee as to misconduct---Even otherwise patching-up would not bind management as it involved question of maintaining discipline in employer company as incident had taken place within factory premises---Employee, in circumstances, had rightly been dismissed from service. Muhammad Moosa Laghari for Applicant. Dr. Raees M. Mushtaq for Respondent. JUDGMENT This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969, against the decision dated 2-7-1998, passed by the Sindh Labour Court No. VI at Hyderabad in Application No. 217 of 1995 under section 25-A of the I.R.O., 1969, whereby the grievance application was dismissed As against this decision, the appellant has filed the above appeal. 2. Brief facts of the case are that the appellant was working as Helper in the Electrical Department on permanent basis since 1978. On 10th October, 1995, an unfortunate incident took place between the appellant and a co-worker namely Muhammad Naseem, who was a Compounder in the respondent Company. As a result of enquiry, initiated against the appellant, he was dismissed from service by the management by letter dated 11-11-1995. The background of the incident, as narrated on Oath by Muhammad Naseem, the compounder, seems to be that:-- The management constituted a domestic enquiry on the said complaint and sent as many as ten postal envelopes containing charge-sheet,…
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