| Citation(s) |
|---|
| 2001 SLG 2161 2001 SLD 2161 2001 PLC 234 |
Labour Appellate Tribunal, Sindh
Appeal No.KAR 28 of 1999, decision dated: 4-05-2000,
MUNAWAR ALI KHAN, CHAIRMAN
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Appeal No.KAR 28 of 1999, decision dated: 4-05-2000,
MUNAWAR ALI KHAN, CHAIRMAN
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Messrs PRSIM TEXTILE (PVT.) LTD
VS
TALEH MUHAMMAD
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) S. 25 A Grievance petition Termination of service Grievance petition filed by employee against order of termination of his service was resisted by employer alleging that employee had himself voluntarily resigned by tendering his resignation Employer in proof of his contention simply got recorded statement of General Manager and no other oral or documentary evidence was produced to prove that employee had himself resigned Solitary word of General Manager could not be accepted to have proved factum of employee's resignation Labour Court, in circumstances, had rightly allowed grievance petition filed by employee against termination of service reinstating employee with full back benefits. Syed Rizwan Ahmed for Appellant AND Shamsher Khan for Respondent. Date of hearing: 1st May, 2000. DECISION This appeal which has been filed by Messrs Prsim Textile (Pvt.) Ltd; has arisen from the order, dated 8th March, 1999 whereby Third Sindh Labour Court Karachi accepted the grievance petition filed by respondent Taleh Muhammad, with order that he be reinstated with full back benefits. 2. The appellant's case is disclosed in their written statement is that respondent Taleh Muhammad had resigned from his employment and was paid all his dues and therefore, he was barred from invoking jurisdiction of the Labour Court. On the other hand the grievance petition instituted by the respondent Taleh Muhammad in the lower Court shows that he was employed in the respondent's establishment as Time Keepter/Gate Keeper since 2 1 1993 and as he made repeated demands to the said employers for giving him his legal rights including the Cost of Living Allowance of Rs.300 per month from 1st March, 199.7, they got annoyed and terminated his services on 22 6 1998 by verbal order. He served grievance notice, dated 19 8 1998 through Registered Post Acknowledgement Due but with no result. I have heard the arguments of the appellant's Advocate Mr. Rizwan Ahmed and of Mr Shamsher Khan Representative of the respondent and have also carefully gone through the relevant material brought on record in support of the parties's respective cases. 4. The real…
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