1997 PLP 220 (PLC)
Present: Mushtaq Ali Kazi, Appellate Tribunal Messrs FAUJI SUGAR MILLS LTD. through General Manager, Tando Muhammad Khan Versus ALI AKBAR
| Citation | 1997 PLP 220 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtaq Ali Kazi, Appellate Tribunal Messrs FAUJI SUGAR MILLS LTD. through General Manager, Tando Muhammad Khan |
| Parties | Present: Mushtaq Ali Kazi, Appellate Tribunal Messrs FAUJI SUGAR MILLS LTD. through General Manager, Tando Muhammad Khan Versus ALI AKBAR |
Q1: What are the key laws and sections cited in 1997 PLP 220 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 220 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtaq Ali Kazi, Appellate Tribunal Messrs FAUJI SUGAR MILLS LTD. through General Manager, Tando Muhammad Khan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 220 (PLC) (Present: Mushtaq Ali Kazi, Appellate Tribunal Messrs FAUJI SUGAR MILLS LTD. through General Manager, Tando Muhammad Khan Versus ALI AKBAR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Karamat Ali for Appellant.
- Nemo for Respondent.
- Date of hearing: 22nd May, 1996.
- 4. On this date of hearing in appeal the respondent and his advocate have remained absent. Mr. Karamat Ali for the appellant Sugar Mills has argued that the respondent was the Incharge Clerk who made entries on the cards and in the Register, and he could not therefore escape liability for the A alteration. There are no arguments in rebuttal.
Headnotes / Summary
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑‑ ‑‑‑‑S.O.15(3)‑‑‑Dismissal from service‑‑‑Employee was dismissed from service after charge‑sheeting him and holding enquiry against him on allegation that he being a weighing clerk in employer Mill had tampered with actual figures and altered weight of sugarcane supplied to employer mill‑‑ Employee who was proved to be guilty had failed to show that some other person was responsible for forgery on basis of which he was dismissed from service‑‑‑Employee who at the relevant time was incharge clerk and had himself made entries in register could not escape liability for alleged alteration/forgery‑‑Employee who was rightly dismissed from service could not be re‑instated in service.
Judgment & Decree
Karamat Ali for Appellant. Nemo for Respondent. Date of hearing: 22nd May, 1996. This appeal arises from order of the Sixth Labour Court, Hyderabad accepting the grievance petition of Ali Akber Clerk, setting aside hi; dismissal order by the Fauji Sugar Mills and reinstating him in service with back benefits.
2. Respondent Ali Akber was employed in the Fauji Sugar Mills as a Clerk. It was his duty to ascertain the weight of the sugarcane supplied to the mills by recording the gross weight of the cart and its contents and again recording the weight of the cart after unloading the contents and thereby recording in the Register the weight of sugarcane supplied. Four cases were detected in which Ali Akber had tampered with the actual figures and altered the weight of the sugar‑cane supplied. He was therefore charge‑sheeted and an Enquiry Officer was appointed to hold the enquiry against him. Ali Akber raised objections that the Enquiry Officer was not an impartial officer but his objection was rejected. The report of the enquiry showed that Ali Akber was guilty and he was dismissed from service by an order dated 17‑3‑1991. Respondent Ali Akber did not accept the punishment alleging that he had not been supplied copies of enquiry proceedings and the enquiry report.
3. The alteration of the figures in the weighment cart has been admitted, but the respondent denies that the alteration was made by him though he was Incharge of making such entries in the cards. Respondent Ali Akber and another clerk Mr. Altaf were on duty at the Weighing Bridge but there was no allegation against Mr. Altaf. Respondent had only taken his oath that he had not made such alterations in the four cards in question, and the entries might have been altered by some one afterwards. The learned Labour Court therefore found that forgery on the part of the respondent had not been fully proved.
4. On this date of hearing in appeal the respondent and his advocate have remained absent. Mr. Karamat Ali for the appellant Sugar Mills has argued that the respondent was the Incharge Clerk who made entries on the cards and in the Register, and he could not therefore escape liability for the A alteration. There are no arguments in rebuttal.
5. The order of the Labour Court is therefore set aside and the appeal is allowed. H.B.T./124/Lb.S Appeal allowed.