1997 PLP 116 (PLC)
PAKISTAN STEEL MILLS CORPORATION (PRIVATE) LIMITED through Incharge Law Department and others Versus Shaikh NISAR AHMAD RAHI and others
| Citation | 1997 PLP 116 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtaq Ali Qazi, Appellate Tribunal |
| Parties | PAKISTAN STEEL MILLS CORPORATION (PRIVATE) LIMITED through Incharge Law Department and others Versus Shaikh NISAR AHMAD RAHI and others |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 116 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 116 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtaq Ali Qazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 116 (PLC) (PAKISTAN STEEL MILLS CORPORATION (PRIVATE) LIMITED through Incharge Law Department and others Versus Shaikh NISAR AHMAD RAHI and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rukhsana Ahmed for Appellant.
- Date of hearing: 27th March, 1996.
Headnotes / Summary
‑‑‑‑Ss. 25‑A & 38‑‑‑West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(3)(h)‑‑‑Misconduct‑‑ Appeal‑‑‑Maintainability of‑‑‑Employee who was dismissed from service on allegation of misconduct, was re‑instated by Labour Court with condition to hold fresh enquiry against him regarding charge against him‑‑‑Fresh enquiry was held against employee and he was found guilty of misconduct over again and was dismissed‑‑‑Since appeal of employers Corporation was against conditional re‑instatement of employee depending on fresh enquiry result and under fresh enquiry employee having stood dismissed, appeal filed by employers Corporation had become infructuous. Muhammad Tasnim for the Worker.
Judgment & Decree
Rukhsana Ahmed for Appellant. Muhammad Tasnim for the Worker. Date of hearing: 27th March, 1996. These appeals arise from the judgment of the Fourth Sindh Labour Court, Karachi in the case of grievance petition filed under section 25‑A of the I.R.O., 1969 for reinstatement.
2. Nisar Ahmed was appointed as Junior Clerk in Pakistan Steel. On 13‑1‑1991 he was promoted as Assistant Manager or HSW‑II. On 14‑4‑1992 he seas charge‑sheeted for misconduct under section 15(3)(h) of the Standing Orders Ordinance. The allegation was that he had barged inside the Head Office and forcibly taken away about 50 copies of termination orders against the employees. A report was lodged with the Police and a domestic enquiry was held. The learned Labour Court found the domestic enquiry to be defective and, therefore, set aside the dismissal order of Sheikh Nisar Ahmed Rahi passed on 29‑6‑1992. The learned Labour Court ordered fresh enquiry regarding the same charge‑sheet and meanwhile reinstated the workman until the result of the fresh enquiry. The fresh enquiry was held and the workman was found guilty of misconduct over again. The back benefits had been ordered to be dependent on the result of the fresh enquiry.
3. Since the main appeal of Pakistan Steel is against the conditional reinstatement depending on fresh enquiry result and under the fresh enquiry the workman Sheikh Nisar Ahmed Rahi stands dismissed by an order, dated 6th March, 1996 the appeal has become infructuous. The order of reinstatement having lapsed regarding the connected cross‑appeal against non‑granting of back benefits, that appeal too has become infructuous because the very order of reinstatement has lapsed.
4. Both the appeals are accordingly dismissed as being infructuous due to the order on fresh enquiry. H.B.T./81/Lb.S Appeals became infructuous.