Case Details

Citation(s)
2000 SLG 1607 2000 SLD 1607 2000 PLC 285
Labour Appellate Tribunal, Punjab
Appeal No. 1HR 189 of 1998/Pb., decision dated: 23rd November, 1999
MIAN GHULAM AHMAD, CHAIRMAN

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THE ENGINEERS COOPERATIVE HOUSING SOCIETY, LAHORE and others

VS

Maulvi MUHAMMAD

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S. 25 A Grievance petition Ex parte order Setting aside of Grievance petition filed by employee against termination of his service was accepted by Labour Court ex parse Grievance petition was accepted ex parte after about seven years of its filing and during that long period employee could not adduce any evidence and he made his own statement after about five years of filing of said grievance petition Service upon employer had not been effected in a satisfactory manner Such aspect of matter needed further probe and ends of justice warranted that both sides should be enabled to participate in the proceedings especially when employer had taken up a number of technical objections with regard to maintainability of grievance petition Decision of Labour Court which was scanty and was neither comprehensive not well reasoned, was set aside in circumstances. JUDGMENT Maulvi Muhammad's grievance petition, under section 25 A, Industrial Relations Ordinance, 1969 was accepted ex parte on 15 5 1998 by the learned Labour Court No.Z, Lahore. The order has been appealed against by the TECH Society. 2. The Colony has its location on the canal bank near the New Campus, Lahore. Maulvi Muhammad served the Society as Head Mali for about 1/1 2 years, from 6 2 1991 to 15 7 1992. His services were terminated by reason of certain acts of misconduct attributed to him. The nature of his and according to the appellant, and no legal formalities needed to be observed. Still, however, the prescribed procedure was pursued and the employee was ousted from service, not in an whimsical or arbitrary manner. The employee had recourse to the Labour Court on 4 10 1992, and the final order in his favour was rendered by the learned Labour Court on 15 5 1999. 3. It has been pointed out that the employee could knot adduce any evidence over such a long period and eventually he alone made his statement (on 7 11 1997), and that too in absence of the other side, ex parte proceedings having been taken against the respondent Society. The employee's version has, thus, gone un-rebutted. The appellants respondents in the learned lower Court, maintain that ex parte…
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