1976 PLP 700 (PLC)
MUHAMMAD AZAM Versus DISTRICT MANAGER, G. T. S., LYALLPUR
| Citation | 1976 PLP 700 (PLC) |
| Forum / Court | Labour Appellate Tribunal Punjab |
| Bench Members | M. Jamil Asghar, Appellate Tribunal |
| Parties | MUHAMMAD AZAM Versus DISTRICT MANAGER, G. T. S., LYALLPUR |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1976 PLP 700 (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 1976 PLP 700 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Punjab bench comprising: M. Jamil Asghar, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP 700 (PLC) (MUHAMMAD AZAM Versus DISTRICT MANAGER, G. T. S., LYALLPUR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nazir Ahmed Naz for Appellant.
- Abdur Rehman Ansari for Respondent.
Headnotes / Summary
Ss. 47 & 37-Permission of Labour Court for dismissal due to misconduct-Permission granted without Zing on guilt of mis conduct-Order of Labour Court, held, erroneus
Findings as to misconduct-Essential before permission-Order of Labour Court set aside in appeal and case remanded by Appellate Tribunal. Date of bearing: 16th November 1973.
Judgment & Decree
Ss. 47 & 37-Permission of Labour Court for dismissal due to misconduct-Permission granted without Zing on guilt of mis conduct-Order of Labour Court, held, erroneus
Findings as to misconduct-Essential before permission-Order of Labour Court set aside in appeal and case remanded by Appellate Tribunal. Nazir Ahmed Naz for Appellant. Abdur Rehman Ansari for Respondent. Date of bearing: 16th November 1973. This is an appeal against the order dated 8-10-73 passed under section 47 of Industrial Relations Ordinance, 1969 the Punjab Labour Court No. 3, Lyallpur, whereby permission was :-anted to the District Manager, Government Transport Service, Lyallpur, respondent, to dismissMuhammad Azam, appellant.
2. I have gone through the order of the Labour Court and find that without giving any finding as to whether the appellant was guilty of misconduct permission was granted to the respondent for his dismissal. The learned Labour Court, in my view, has erred, in passing such an order. The was incumbent upon it to have first given a finding as to whether appellant was guilty of misconduct and if he was so found guilty then alone permission should have been granted to dismiss him.
3. In view of the above I accept the appeal, set aside the order of the Learned, Labour Court and remand the case back for decision in the light of my order. In the meanwhile the order of dismissal of appellant passed by the respondent is also set aside.