Law:

Section:

West Pakistan Industrial 'and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15---Industrial Relations Ordinance (XXIII of 1969), S.25-A--­Termination of service---Employee was charge-sheeted and his services were terminated after domestic inquiry for causing injuries to another employee and his son and for remaining absent without leave---Labour Court reinstated employee on ground that charges against him were not proved; that witnesses who deposed against him were chance witnesses and were not in service of Mills and that employee was honourably acquitted in criminal case---Both injured and witnesses produced had fully implicated accused---Employee had also admitted his presence at time of incident near about scene of occurrence---Regarding employee's absence from duty he remained absent for 34 days during five months and statement of witnesses proved his absence---Inquiry Officer who was examined before Labour Court had withstood test of cross-examination---Labour Court had not found any fault with proceedings of inquiry---Employee's plea of mala fides on part of management was not proved by him through convincing evidence---Held, charge of misconduct against employee having been proved by evidence, order of his reinstatement in service passed by Labour Court was not justified---Order was set aside. Muhammad Shamim v. Messrs Pakistan Tobacco Co. Ltd., Karachi and another 1975 S C M R 46; Crescent Jute Products Ltd. Jaranwala v. Muhammad Yaqoob P L D 1978 S C 207 and 1976 P L C 278 rel. Syed Wazarat Hussain Zaidi v. Sindh Labour Appellate Tribunal and another 1987 P L C 17 ref. Date of hearing: 21st November, 1989. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. VI at Hyderabad, dated 3-8-1987, whereby he ordered the reinstatement of the respondent with consequential back benefits. 2. The brief facts of the case are, that the respondent was admittedly a permanent employee of the appellants. On 26-11-1985, he is alleged to have attacked one Gul Khan, a Chowkidar of the appellants and inflicted injuries upon him and his son Amanat Khan. He was charge-sheeted for misconduct on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492