Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 38(5)---Suspension from service---Employee was suspended from service, but period of his suspension was abnormally prolonged as no enquiry was held for establishing charges against him---Labour Court set aside suspension order with direction that full emoluments be paid to the employee for the job he had been performing---Employer having failed to act in accordance with law, as per direction of Labour Court, employee lodged complaint against employer under S.38(5) of Industrial Relations Ordinance, 1969---Validity---No attention was paid by employer to the plight of employee who had long before been suspended from service---Employee could not be kept under suspension over an indefinite period---Suspension has to be ordered, only on availability of cogent and overwhelming evidence, prima facie, furnishing proof of commission of some serious irregularities or pronounced acts of misconduct on the pan of employee---If inculpating material existed against employee and same justified infliction of penalty, major or minor, an enquiry must ensure and that too without any delay to enable employee to establish his innocence---Labour Appellate Tribunal agreeing with reasoning of Labour Court, which was neither fallacious nor inapt, misconceived or misdirected, set aside order of suspension passed by employer corporation against employee. Sardar Muhammad Adeeb A.R. for Employees. Muhammad Islam, A.M.P., Representative of the Municipal Authorities. JUDGMENT The learned Labour Court Gujranwala had on 12-8-1996 accepted the grievance petition of Zoor-ud-Din Aasi, petitioner, and ordered his reinstatement in service, with all the back benefits. He was a sanitary 'jamadar', working with Municipal Corporation Gujaranwala, and had been suspended from service on 2-I 1-1992. He had made grievance of the fact that his period of suspension had abnormally been prolonged, and no punishment pursuant upon a regular enquiry having been inflicted on him, he could not be kept in state of suspension over an unending period. 2. Aasi was placed under suspension on 2-11-1992 and till the date of the impugned order, dated 12-8-1996,…

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