| Citation(s) |
|---|
| 1990 SLG 1385 1990 SLD 1385 1990 PLC 406 |
Labour Appellate Tribunal, Sindh
Application No. 1 of 1988, decided on 26th November, 1988.
TAHSEEN AHMED BHATTI, PRESIDING OFFICER
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Application No. 1 of 1988, decided on 26th November, 1988.
TAHSEEN AHMED BHATTI, PRESIDING OFFICER
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Syed UMED ALI SHAH
VS
PAKISTAN STEEL MILLS, KARACHI Syed UMED ALI SHAH vs PAKISTAN STEEL MILLS, KARACHI
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Grievance petition against dismissal from service ---Reinstatement--Back benefits claimed---No assertion either in petition or in evidence that petitioner remained jobless after impugned order---Petitioner, held, was not entitled to back benefits even if prayer for reinstatement was allowed. (b) Industrial dispute-- --- Domestic enquiry ---Vires challenged on ground that despite request Urdu translation of complaint forming basis of alleged charge and show-cause notice served in English, was not supplied---Petitioner, a matriculate and himself sending letters and applications in English previously and also during enquiry--Contention was repelled. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15(4)---Dismissal for misconduct---Charge-sheet--No particular form prescribed---Show-cause notice served informing accused details of alleged misconduct and action proposed to be taken---Plea that enquiry and dismissal order passed without service of charge-sheet were not valid was repelled. 1980 P L C 369 and 1984 P L C 1185 rel. (d) Industrial dispute-- ---Domestic enquiry---Cross-examination of witness---Person deputed by management to act as prosecutor making statement of prosecution case and indicating pieces of evidence to be produced in support of prosecution case---Such statement, held, was not in fact an evidence or evidence against accused--Such person if not cross-examined by accused, held, would cause no prejudice to accused. (e) Industrial dispute-- --- Domestic enquiry---Quantum of proof required for domestic enquiry not same as in criminal trial or civil litigation---Accused charged of rape on a minor girl--Statement of victim recorded in presence of accused---Plea that accused was not allowed opportunity of cross-examining victim supported by record---Lady Doctor examining victim girl making statement in presence of accused and such statement corroborating evidence of victim girl---Finding of enquiry holding accused guilty of charge, was upheld. 1984 P L C 576 and 1984 P L C 610 re1. (f) West Pakistan Industrial and Commercial…
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