| Citation(s) |
|---|
| 1991 SLG 327 1991 SLD 327 1991 PLC 403 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-69 of 1989, decision dated: 25-01-1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
S.P. Lodhi, Representative for Appellant. Gulzar Ahmed for
Respondent.
Appeal No. KAR-69 of 1989, decision dated: 25-01-1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
S.P. Lodhi, Representative for Appellant. Gulzar Ahmed for
Respondent.
NASEER AHMAD
VS
Messrs LIPTON (PAKISTAN) LTD
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. 2-A---Dismissal from service---Refusal to obey lawful order---Labour Court dismissing appeal of appellant without allowing parties to lead documentary evidence with regard to duties of appellant---Labour Court based its decision on admitted practice on question as to what duties appellant had to perform under Rules and under an order under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968--Order of Labour Court was set aside and case was remanded with direction to allow parties to lead additional evidence by way of documentary evidence and decide case on merit afresh unprejudiced of observations previously made by Labour Court or Appellate Tribunal. DECISION This case has been received by remand back from the Hon'ble High Court of Sindh, Karachi. 2. I have heard Mr. S.P. Lodhi, Representative for the appellant and Mr. Gulzar Ahmed, Advocate for the respondent. 3. The point at issue is whether the appellant had refused a lawful order of the respondent for which he was dismissed. The learned Labour Court gave the finding in affirmative basing its conclusion on certain admitted practices in the establishment. This Tribunal, however, did not agree with learned Labour Court and held that there was no refusal of any lawful order. The decision of this Tribunal was challenged in Constitutional Petition No. D-399 of 1987 decided by the learned Division Bench of Sindh High Court at Karachi on 9-1-1989, whereby their Lordships observed "however, we find that neither the petitioner has produced any documents nor respondent 2 to indicate what were the duties assigned to respondent 2 in terms of above Standing Order 2-A. The explanation given by the respondent 2 is that he being a labourer could not have maintained the record. However, the petitioner being multi-national company of standing must be having some record on this aspect. We, therefore, remand the case to Appellate Tribunal, respondent 1 with the direction to take additional evidence on the above point and then to…
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