Case Details

Citation(s)
1992 SLG 693 1992 SLD 693 1992 PLC 216
Labour Appellate Tribunal, Sindh
Appeal No. KAR-438 of 1988, decided on 30th September, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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Syed UMED ALI SHAH

VS

PAKISTAN STEEL MILLS, through GENERAL MANAGER, KARACHI Syed UMED ALI SHAH vs PAKISTAN STEEL MILLS, through GENERAL MANAGER, KARACHI

Law:

Section:

Industrial dispute-- ---- Dismissal from service---Reinstatement---Employee was dismissed from service on charge of attempting to commit rape upon minor girl of one of his colleagues---Employee was charge-sheeted and domestic enquiry was also held against him---One of members of Enquiry Committee found employee not guilty---Lady Doctor who examined victim, neither in her report nor in examination-in-chief had given opinion that there was any attempt to commit rape upon victim---Charge against employee having not been proved by any reliable evidence, order of dismissal of service passed against him, was set aside and he was ordered to be reinstated with full back benefits. Ch. Muhammad Ashraf for Appellant. S.M. Yaqoob for Respondents. Date of hearing: 21st August, 1991. DECISION This is an appeal against the order, dated 26-11-1988, passed by learned Presiding Officer, Sindh Labour Court No. IV at Karachi, whereby the grievance petition riled by the appellant was dismissed. 2. I have heard Mr. Ch. Muhammad Ashraf, learned Advocate for the appellant and Mr. S.M. Yaqoob learned counsel for the respondents and have also gone through the record and proceedings of the case. 3. The brief facts of the case, appear to be that the appellant was admittedly skilled worker employed by the respondent and was living in a Quarter in `Steel Town' nearby the Quarter of Complainant Irshad with whom he was on friendly terms. On 21-12-1986 said Muhammad Irshad was on duty in day shift and therefore sent his daughter Miss Sadia Irshad aged about six years with a slip to the house of the appellant for purchasing the provisions mentioned in the slip. It is alleged that at about 12 o'clock the appellant tried to commit rape upon the minor girl said Miss Sadia Irshad. On return to the house Miss Sadia Irshad complained to her mother. (Complainant Irshad, on return from duty, was apprised of the incident who tolok the girl to Dr. Mrs. Bilquis Azam. On the next day i.e. 22-12-1986 Muhammad Irshad, Complainant made Written Complaint' to the General Manager (IR) Pakistan Steel who issued `show-cause notice', dated 31-12-1986 Exh. A/9 and subsequently ordered domestic enquiry. The Enquiry…
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