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KANESHIRO (PRIVATE) LIMITED vs SAJJAD ALI S — 2022 PLC 137 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PLC 137 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PLC
Parties
KANESHIRO (PRIVATE) LIMITED vs SAJJAD ALI S
Subject matter
Constitutional
Provisions referred to
S. 34---I

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KANESHIRO (PRIVATE) LIMITED VS SAJJAD ALI S.34---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 15 & 12---Redressal of individual grievances---Termination of employment---Punishments---Scope---Petitioner/Employer sought issuance of a writ of certiorari against judgment passed by Sindh Labour Appellate Tribunal whereby employer's appeal was dismissed and the appeal of workman was allowed whereby he was re-instated in service with back benefits---Validity---Courts below after considering the postal receipt of the grievance notice had concurrently held that the grievance notice was sent by the workman to the employer---Case of employer was that the workman had stopped coming to the work, although it was not disputed that he had come to work on the relevant day and he was stopped by the employer's security guard from entering the factory---Employer did not bring any documentary evidence to show that the workman had not been attending work---Employer's witness, on cross-examination, had acknowledged that the workman was never sent any notice to show-cause for his absence nor a written notice of dismissal from service was issued---Assuming that the workman had stopped coming to work without leave of absence thereby committing misconduct within the meaning of S.O. 15(3) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, it was still obligatory upon the employer to adhere to S.O. 12(3), which was never done---Constitutional petition was dismissed, in circumstances.

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