1989PLC713 (PLP)
THE DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and another Versus MAQBOOL AHMED
| Citation | 1989PLC713 (PLP) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | N/A |
| Parties | THE DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and another Versus MAQBOOL AHMED |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑ |
Q1: What are the key laws and sections cited in 1989PLC713 (PLP)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989PLC713 (PLP)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989PLC713 (PLP) (THE DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and another Versus MAQBOOL AHMED). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saifullah Khan for Appellants.
- MA. Lodhi, Representative for Respondent.
- Date of hearing: 27th June, 1988.
Headnotes / Summary
‑‑‑Ss. 25‑A & 38(3)‑‑Grievance petition against penalty‑‑No domestic enquiry in presence of employee was held before imposition of penalty‑‑Fact‑finding inquiry was made but non‑association of employee with such enquiry would not render same sufficient for imposition of penalty‑‑Where competent authority elected not to hold enquiry, order had to be recorded giving reasons therefore‑‑Employee having been condemned unheard, Labour Court was justified in accepting his grievance petition and setting aside penalty imposed.
Judgment & Decree
‑‑‑Ss. 25‑A & 38(3)‑‑Grievance petition against penalty‑‑No domestic enquiry in presence of employee was held before imposition of penalty‑‑Fact‑finding inquiry was made but non‑association of employee with such enquiry would not render same sufficient for imposition of penalty‑‑Where competent authority elected not to hold enquiry, order had to be recorded giving reasons therefore‑‑Employee having been condemned unheard, Labour Court was justified in accepting his grievance petition and setting aside penalty imposed. Saifullah Khan for Appellants. MA. Lodhi, Representative for Respondent. Date of hearing: 27th June, 1988. The appeal captioned above emerges from the decision dated 5‑3‑1988 recorded by learned Presiding Officer, Punjab Labour Court No. 9, Multan whereby the grievance petition of the respondent was accepted and the punishment of W.I.T. for three years and order of recovery of Rs.1,180 was set aside.
2. Admittedly no enquiry was held in the presence of the respondent before the imposition of the penalty of W.I.T. and passing of the order of recovery of 'SRs.1,
180. The fact‑finding enquiry is said to have been made but since the respondent was not associated with the said enquiry it was not sufficient for imposing the penalty. No order has been produced to the effect that holding of p enquiry m some special circumstances of the case was not considered necessary. In cases where the competent authority elects not to hold enquiry it has to record an order giving reasons. Since the respondent was condemned unheard, the learned lower Court was justified in accepting the grievance petition and setting aside the punishment of W.I.T. and the order of recovery of Rs.1,180.
3. As a result the appeal fails and is dismissed. A.A./556/Lb. P Appeal dismissed.