| Citation(s) |
|---|
| 2000 SLG 1626 2000 SLD 1626 2000 PLC 341 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR 103 of 1997, decision dated: 19-05-1999
DR. TANZIL UR REHMAN, CHAIRMAN
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Appeal No. KAR 103 of 1997, decision dated: 19-05-1999
DR. TANZIL UR REHMAN, CHAIRMAN
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Miss NIGHAT MATEEN
VS
Messrs SEARLE PAKISTAN (PVT.) LTD. Through Occupier/Factory Manager
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)(a)(b) & (4) Dismissal on allegation .of misconduct Employee was dismissed from service after issuing charge sheet and holding domestic enquiry on allegation of willful disobedience of order of superiors Willful disobedience which amounted to misconduct had fully been established not only in domestic enquiry, but it was also admitted by employee Enquiry against employee was held impartially and independently wherein employee was provided opportunity of hearing Misconduct as defined in S.O. 15(3)(a) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, having been fully proved, punishment of dismissal from service which could be awarded by employer, had rightly been given to employee. Shamsher Ali Khan v. Sindh Labour Appellate Tribunal and 2 others 1987 PLC 23; Badaruddin Sabri v. Messrs Pearl Continental Hotel 1990 PLC 638; Province of East Pakistan v. Muhammad Sajjad Ali Mazumdar 1962 PLC 528; PLD 1962 SC 71; Muhammad Riaz v. Sindh Labour Appellate Tribunal, Karachi and 2, others 4993 PLC 301; 1972 PLC 83 and Pakistan Tobacco Co. Ltd. v. Channa Khan and others 1980 PLC 981 ref. JUDGMENT This is an appeal under section 37 of the Industrial Relations Ordinance, 1969, against the judgment, dated 30 4 1997, passed by the learned Second Sindh Labour Court, Karachi dismissing the grievance Petition No.36 of 1987. 2. .The appellant was employed in the factory of the respondent since 1983, as Packer. 3. She was issued a charge sheet, dated 5 6 1986 alleging, inter alia, that she was directed to work, instead of empty bottles' checking, to labelling which she refused. The said charge sheet is reproduced below: --- Registered A.D. 5 6 1986 Miss N'ighat Matin, Miss Nighat Matin, G Card No.76 Packer 6/7, Block No.6, Clifton Searle Pakistan (Pvt.) Road, Karachi Ltd., Karachi Sub: Charge sheet It has been reported that on 4 6 1986 at 8 16 a.m. you were directed by your Belt Checker of Line No.2 to work instead of empty bottle checking to labelling but you refused to do so after…
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