Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
1983 P L C 274
[Labour Appellate. Tribunal
Before Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal
KHUSHI MUHAMMAD
versus
MANAGING DIRECTOR, PECO LTD.
Appeal No. LHR‑461 of, 1980, decided on
Industrial Relations Ordinance (XXIII of 1969)‑--
--‑‑Ss. 25‑A. & 38‑Dismissal for miscondupt‑15omestic Inquiry found defective‑Grievance petition accepted on technical grounds award ing re‑instatement‑Labour Court, in circumstances, held, justified in allowing management for fresh inquiry.
Kh. Tariq Masood for Appellant.
Malik Bashir Ahmad for Respondent.
Date of healing : Ist November, 1982.
In this appeal the appellant has challenged the order dated 19‑5‑80 passed by the learned Presiding Officer, Labour Court No. 2, Lahore, whereby the appellant wail directed to be re‑instated but permission for re‑inquiry was given.
The appellate remained absent from 17‑2‑79 to 11‑3‑79 without applying for leave. He resumed duty on 12‑3‑79. He produced medical certificate during inquiry. Admittedly he did not apply for leave during his absence. On account of the defects in the inquiry the learned lower Court allowed re‑inquiry. First of all the statement of . the appellant was recorded and thereafter the evidence of the prosecution witness was recorded. The evi dence of some witnesses were recorded in the absence of the appellant on 11‑3‑79 and his signatures were obtained on them on 13‑3‑79. Since the evidence was recorded in the absence of the appellant he could not cross examine them. No opportunity of producing defence was afforded. Since the appellant became absent without applying for leave the learned lowed Court was justified f n according permission for re‑inquiry. The appellant has to show and prove the circumstances which prevented him from applying for sick leave during his absence. In this view of the matter there appears to be no Justification to interfere with the order of the learned lower Court.
3. As a result of the observation made above I do not find any force in the appeal and dismiss it.
Appeal dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer