1994 PLP 117 (PLC)
NAWAB ALI KHAN Versus M/s. MIRPURKHAS SUGAR MILLS, MIRPURKHAS SINDH through General Manager and another
| Citation | 1994 PLP 117 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Agha Ali Hyder, Appellate Tribunal |
| Parties | NAWAB ALI KHAN Versus M/s. MIRPURKHAS SUGAR MILLS, MIRPURKHAS SINDH through General Manager and another |
| Primary Law | Industrial dispute‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 117 (PLC)?
This judgment primarily cites: Industrial dispute‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 117 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Agha Ali Hyder, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 117 (PLC) (NAWAB ALI KHAN Versus M/s. MIRPURKHAS SUGAR MILLS, MIRPURKHAS SINDH through General Manager and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bashir Awan for Appellant.
- Raees M. Mushtaq for Respondents.
- Date of hearing: 27th October, 1993.
Headnotes / Summary
‑‑‑‑Resignation‑‑‑Employee who had resigned, later on filed grievance petition alleging that he had been coerced into submitting his resignation as he was threatened with criminal proceedings‑‑‑Allegations of employee were denied by employers contending that employee who had resigned had received all dues from employer along with "Service Certificate"‑‑‑Acceptance of dues simipliciter would be of no consequence in the eye of law‑‑‑Evidence on record had fully proved that employee had resigned voluntarily‑‑‑Witness of employee who was General Secretary of Union had stated that it was on his advice that employee had resigned‑‑‑Witness . neither was declared hostile nor cross -examined‑‑‑Grievance petition which was filed by employee as an afterthought, was devoid of any merit and was rightly dismissed by Court. National Radio Telecommunication Corporation v. Muhammad Aslam and others 1992 SCMR 2169 ref.
Judgment & Decree
2. The petitioner was employed as a permanent Weight Inspector (Cane Department) with the respondents. He was in their service since 15‑5‑1976. It is alleged that on 9‑12‑1989 with one Muhammad Ayaz Hussain, Weighment Clerk, the petitioner had weighed two trollies, while on `C' shift duty. Some suspicion having been aroused these trollies were re‑weighed which disclosed considerable difference.
3. It is further alleged that after this disclosure the petitioner had submitted his resignation and Muhammad Ayaz Hussain had been charge -sheeted for misconduct.
4. To pick up the thread the petitioner on 3‑3‑1990 had sent a grievance notice in which it was alleged that he had been coerced in submitting his resignation, as he was being threatened with criminal prosecution. The prayer, therefore, was that since the letter of resignation was obtained under duress, it was of no legal effect and the respondent be directed to reinstate him in service with all back benefits. .
5. The contention came to be resisted in the Written Reply filed by the respondents. It was alleged that there was no question of force about it. He knew that he was discovered, and where the blame lay. It was also alleged that since he had received all the dues from the respondents along with the `Service Certificate' the petition did not lie.
6. The petitioner apart from himself examined Fazal Malik, who was the General Secretary of the Trade Union. Col. Habibur Rehman, Deputy General Manager, appeared on behalf of the respondents.
7. The Labour Court, for the reasons given by it, dismissed the petition, resulting in this appeal.
8. The acceptance of the dues simpliciter would be of no consequence in the eye of law. There is enough law on the subject. See National Radio Telecommunication Corporation v. Muhammad Aslam and others (1992 SCMR 2169). The question herein the main to address will be whether the resignation was voluntary or under coercion?
9. It is alleged that the Weighing Machine sometimes developed faults. The issue had not been joined on this score. Col. Habibur Rehman has said that whenever any defect did appear the weighment work used to be stopped till the machine was repaired.
10. Here the question of any defect did not arise because weighment took place without any loss of time, once the suspicion had been raised. If the machine was faulty, which it was not, there should not have been different results. Even the witness of the appellant, Fazal Malik has nothing to complain. It appears that once the appellant was confronted with the situation, and guilt had been driven home against him, he realised‑that it was impossible for him to continue on. Criminal prosecution or no prosecution, it was open to the respondents to proceed against him departmentally as they had done against Muhammad Ayaz Hussain. It is the appellant himself who has produced these documents on the record of this case.
11. The appellant states that he was under duress and had been forced to submit his resignation. His witness Fazal Malik, who was the General Secretary of the Union, states that it was on his advice that the appellant has resigned. The witness was neither declared hostile nor cross‑examined. All that speaks for it self. Patently the petition was filed as an afterthought and is devoid of any merit.
12. I will, therefore, affirm the order of the Labour Court and dismiss the appeal. H.B.T./2246/Lb.S Appeal dismissed.