Case Details

Citation(s)
2000 SLG 1608 2000 SLD 1608 2000 PLC 287
Labour Appellate Tribunal, Punjab
Appeal No. 1HR 147 of 1999, decision dated: 24-12-1999
MIAN GHULAM AHMAD, CHAIRMAN

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THE FACTORY MANAGER, TREET CORPORATION LTD

VS

MUHAMMAD BABAR

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) & (4) Termination of service Services of employee were terminated on ground of absence from duty without leave over a period exceeding ten days after issuing him show cause notice and holding domestic enquiry against him Employee had contended that he remained absent from duty due to registration of criminal case against him in which he remained associated with investigation of said case Employee though remained associated with investigation alongwith others, but only for few hours and had been discharged after interrogation finding him innocent and he was not arrested in the case No genuine cause, thus, existed for employee to have remained absent from duty for that long period Absence from duty without valid justification or lawful excuse, without permission of the superiors and without leave amounted to an act of misconduct on basis of which employee could be removed from service In absence of anything on record suggesting that employee had whimsically or maliciously been proceeded against or was victimized for his trade union activities, Labour Court was not justified to reinstate the employee with back benefits especially when enquiry conducted against him was in accordance with principles of equity, justice and fairplay and Enquiry Officer did not appear to have, in any way, conducted himself partially Judgment of Labour Court passed without applying mind to facts of case, was set aside in circumstances. JUDGMENT Malik Pervez Ahmad, Presiding Officer, Punjab Labour Court No.2, Lahore on 17 5 1999, rendered a decision accepting Muhammad Babar's grievance petition, filed under section 25 A, Industrial Relations Ordinance, 1969. The respondent here has come up in appeal to this forum. 2. Muhammad Babar was an employee of the Treet Corporation. A criminal case, under section 380/411/457, P.P.C. was registered against him and others at Police Station, Green Town, Lahore, on 31 12 1996. He stopped coming to his place of duty, with effect from 1 1 1997. A show cause notice was issued on 12 1 1997,…
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