PLC 1984

1984 PLP 211 (PLC)

GHULAM QASIM Versus DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE,

Jurisdiction / Court
Labour Appellate Tribunal Punjab
Decided Date
Appeal No. BR-438 of 1982/Pb., decided on 12th January, 1983.
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1984 PLP 211 (PLC)
Forum / Court Labour Appellate Tribunal Punjab
Bench Members N/A
Parties GHULAM QASIM Versus DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE,
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1984 PLP 211 (PLC)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1984 PLP 211 (PLC)?

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: 1984 PLP 211 (PLC) (GHULAM QASIM Versus DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Muhammad Anwar for Appellant.
  • Ch. Altaf Hussain for Respondent.
  • Date of hearing : 19th December, 1982.

Headnotes / Summary

Industrial dispute

Domestic enquiry-Change of Enquiry Officer-Enquiry Officer relying upon evidence not recorded by him but by previous Enquiry Officer-Enquiry,, in circumstances, held, not proper,

Judgment & Decree

Industrial dispute

Domestic enquiry-Change of Enquiry Officer-Enquiry Officer relying upon evidence not recorded by him but by previous Enquiry Officer-Enquiry,, in circumstances, held, not proper, Muhammad Anwar for Appellant. Ch. Altaf Hussain for Respondent. Date of hearing : 19th December, 1982. This appeal emanates from the decision; dated 18th June, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur, whereby the grievance petition of the appellant for his re-instatement.

2. The appellant was a bus driver. An accident took place on 8th November, 1974 at a distance of three miles towards Kabirwala side, when the appellant tried to overtake a truck going ahead of the bus. The side of the bus struck against the right side of the truck and going down from the road struck against a tree towards the right side. As a result of the accident six passengers were injured and damage was caused to the bus resulting in the loss of Rs. 8.2,

938. The enquiry was not properly made. On .9th August, 1975 the statement of one prosecution witness was recorded. Some prosecution evidence and the statement of defence witness was recorded on 18th August, 1975. Thereafter, the, Enquiry Officer was changed for the reasons not known and the second Enquiry A Officer recorded the statement o: one more prosecution witness on 22nd August, 1

75. Cs 6th September, 1975 the statement of the appellant was recorded. The second Enquiry Officer relied upon the evidence not recorded by him but by the previous Enquiry Officer. He should have made de novo enquiry.

3. As a result of the observations made above, I accept the appeal and setting aside the impugned decision of the learned lower Court and the order of dismissal, direct the re-instatement of the appellant in service. Since the appellant has succeeded on account of technical defect in the enquiry, he is not entitled to back benefits. A. E. Appeal accepted