Case Details

Citation(s)
2009 SLG 3076 2009 SLD 3076 2009 PLC 33
Sindh High Court
Labour Appeal 72 of 2005, decided on 6th October, 2008.
ARSHAD NOOR KHAN, J

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GHULAM MUHAMMAD 

VS

SHAH MURAD SUGAR MILLS through Factory General Manager and another

Law: Industrial Relations Ordinance, 2002

Section: 46,47(3),48

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 15

Industrial Relations Ordinance (XCI of 2002)---   ----Ss. 46, 47(3) 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15---Dismissal from service on allegation of misconduct---Grievance application---Appeal---Employee was dismissed from service after charge-sheeting him and holding inquiry against him on allegation of misconduct---Grievance application filed by employee against his dismissal having been dismissed by the Labour Court, employee had filed appeal---Employee was afforded full and fair chance to participate in the inquiry proceedings--Employee cross-examined all the witnesses produced before the Enquiry Officer at sufficient length and after recording of the statements of the witnesses the signature of the employee was obtained on each and every page of the enquiry proceedings---Enquiry conducted against the employee did not suffer from any illegality or infirmity and no independent evidence had been brought on record to inflict any dent in the enquiry conducted by the Enquiry Officer against the employee---Dismissal of employee on the basis of recommendation of the Enquiry Officer was not result of bias or mala fide against employee---Employee had also not led any evidence to show that Enquiry Officer had any personal grudge, bias or enmity against him to hold him guilty of committing misconduct---Findings of the Labour Court not suffering from any illegality or infirmity, could not be interfered with by the High Court in appeal.  ORDER ARSHAD NOOR KHAN, J.---The appellant has challenged the order passed by the learned Presiding Officer, Sindh Labour Court No.VI, Hyderabad dated 19-9-2005, whereby the Application No.145 of 2004 under section 46(3) of I.R.O., 2002 filed by the appellant, for his reinstatement was dismissed. The facts leading rise to the present appeal in brief are that the appellant was appointed as fitter with the respondent No.1 in 1981 and was thereafter promoted as Senior Fitter and then Mechanic. The appellant was directed by the Chief Engineer to repair water line leading to K-type Quarters for supply of the water to the Colony to which appellant reported to the Chief Engineer…
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