Case Details

Citation(s)
1992 SLG 1044 1992 SLD 1044 1992 PLC 969
Labour Appellate Tribunal, Sindh
Appeal No. KAR-17 of 1991, decided on 24th April, 1991.
AHMED ALI U. QURESHI APPELLATE TRIBUNAL

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1992 P L C 969 NASEER AHMAD

VS

Messrs LEVER BROTHERS PAKISTAN LTD. 1992 P L C 969 NASEER AHMAD vs Messrs LEVER BROTHERS 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. 12(1)---Termination of services--­Disobedience of lawful orders of superiors---Disobedience of orders admitted by appellant whose services had been terminated---Orders of superiors which appellant refused to carry out were reasonable and lawful--­Appellant was thus guilty of misconduct---Dismissal of grievance: petition by Labour Court against termination of services of appellant was upheld. S.P. Lodhi, Representative for Appellant. Gulzar Ahmad for Respondents. Date of hearing: 25th March, 1991. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. V at Karachi, dated 9-7-1985, whereby the grievance petition filed by the appellant was dismissed. 2. The brief facts of the case appear to be that the appellant was admittedly a workman employed by the respondents. On 4-12-1983 he was charge-sheeted for disobeying the lawful orders of his superiors on 29-11-1983. A domestic enquiry was held in which the appellant had participated wherein he was found guilty of the said charge. His services were terminated by order, dated 9-2-1984. Aggrieved by this order, the appellant served grievance notice upon the respondents but, on failing to get any redress, he filed grievance application before the learned Labour Court which was dismissed. This Tribunal, decided the appeal on 12-3-1987 whereby the impugned order of learned Labour Court was set aside and the appellant was ordered to be reinstated in service with 50% back benefits. 3. The respondents filed a Constitution Petition No. D-399/87 which was by their Lordships by order, dated 9-1-1989. The relevant portion of OW order of the learned, Division Bench of Sindh High Court may be produced, as under;- "However, we find that neither the petitioner had produced .any document 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…
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