Case Details

Citation(s)
2000 SLG 1687 2000 SLD 1687 2000 PLC 632
Labour Appellate Tribunal, Sindh
Appeal No.KAR 325 of 1998, decision dated: 21st September, 1999. dates of hearing: 15th and 16th September 1999
DR. TANZILUR REHMAN, CHAIRMAN

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Syed IBRAHIM SHAH

VS

Messrs BOSCH PHAPMACEUTICAL (PVT) LIMITED

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)(c) Misconduct Dismissal from service Employee was dismissed from service on ground of misconduct after issuing hire charge sheet and holding domestic enquiry . Allegations against employee were detailed in charge sheet of which employee was fully aware, but employee did not reply to the charge sheet which was received by him Employee deliberately avoided to participate in enquiry proceedings despite an officer was sent to employee asking him to come and attend enquiry proceedings and a letter was served on employee informing about date of holding enquiry proceedings Employee though did not attend enquiry proceedings, but his co worker attended said proceedings and Enquiry Officer after examining witnesses, found employee guilty and employer on basis 'of enquiry report submitted by Enquiry Officer, dismissed employer from service Employee could not point out any defect in domestic enquiry which could be termed as perverse and contrary to principles of natural justice Charges of misconduct having fully been proved against employee, he was rightly dismissed from service. JUDGMENT This is an appeal under section 37 of the Industrial Relations Ordinance, 1969, against the order, dated 10 9 1998, dismissing the Grievance Application No. 115 of 1997 (Old No. 183 of 1997) under section 25 A of the I.R.O., 1969, passed by the learned Presiding Officer, Sindh Labour Court No.2 at Karachi. 2. It seems convenient to reproduce the points, as determined by the learned Presiding Officer, as under: (1) Whether the application under section 25 A is not maintainable? (2) Whether the provisions of Standing Orders Ordinance do not apply to the respondent's establishment, due to employment of less than fifty workers? (3) Whether the enquiry was not fairly and properly conducted? (4) Whether the impugned order of dismissal from service required to be set aside and the applicant reinstated into service with back benefits? 3. Mr. Lodhi, Representative of the appellant submits that the appellant was working in the Stores of…
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