Case Details

Citation(s)
2007 SLG 1923 2007 SLD 1923 2007 PLC 435
Quetta High Court
C.M.A. No.1 of 200 in L.A. No.14 of 2005, C.M.A. No.2 of 2005 in L.A. No.15 of 2005, C.M.A. No.3 of 2005 in L.A. No.16 of 2005, C.M.A. No.4 of 2005 in L.A. No.17 of 2005, L.As. Nos.2 to 9 of 2006, decision dated: 25-04-2006.
MUHAMMAD NADIR KHAN, J

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Messrs GEARS HOBBING LTD. through Factory Manager and others

VS

ABDUL HAMEED and others Messrs GEARS HOBBING LTD. through Factory Manager and others vs ABDUL HAMEED and others

Law:

Section:

(a) Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(3)(e) & (4)---Termination of service---Grievance petition---Appeal to High -Court--Services of employees were terminated after issuing them show-cause notice on allegations of misconduct, but High Court set aside termination order and employees were ordered to be reinstated in service with back benefits from the date they were terminated---Employer company, however was allowed to hold enquiry about allegations made against employees in show-cause notice---Employer company before initiating enquiry about allegations, issued second show-cause notice to employees wherein employees were alleged to have remained absent from duty for more than 10 days and they had not joined duty---Validity---Employees, after their reinstatement in service with back benefits, filed application for their reinstatement, but company vide its letter had taken employees into employment from the date of their reporting for duty and not from the date of their termination and they were also posted at different stations---Said order could not be in terms of order of reinstatement and it could be said that employees were not reinstated as directed by the Court---Employees, in circumstances could not be said to have failed to join their duties after having been reinstated---Action taken against employees on the ground that they did not join their duties and remained absent for more than 10 days after their reinstatement order in circumstances, could not be validated---Dismissal of employees on the ground that they remained absent for more than 10 days, was without any foundation and said order on that ground was illegal. AIR 1986 SC 995; SBLR 2004 Balochistan 960; NLR 1996 Service 11; L.A No.227 of 2004 Karachi High Court PLD 1967 SC 367-372; SBLR 2006 Sindh 243; 1996 SCMR 201-213; 2001 SCMR 931; PLD 1987 SC 207; 1982 SCMR 651; 1992 PLC 415; 1992 SCMR 2169; 1982 PLC 365; 1990 PLC 643; 1987 PLC 23; 1962 PLC 528; 1993 PLC 304; 1972 PLC 83; 1986 PLC 1158; 2004 TD Lah. 180; .PLD 1982 SC 460; PLD 1981 SC 225; 1981 SCMR 631;…
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