NESTLE PAKISTAN LTD. vs FULL BENCH OF NATIONAL INDUSTRIAL RELATION COMMISSION S — 2023 PLC 95 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC 95 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: NESTLE PAKISTAN LTD. vs FULL BENCH OF NATIONAL INDUSTRIAL RELATION COMMISSION S
Subject matter: Service
Provisions referred to: S. 33---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

NESTLE PAKISTAN LTD. VS FULL BENCH OF NATIONAL INDUSTRIAL RELATION COMMISSION S.33---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15---Redress of individual grievances---Removal from service---Whether delay in informing the workman about misconduct---Respondent was removed from service on the allegation of submission of bogus medical claims---Grievance petition filed before the Single Bench of NIRC was dismissed---Decision was reversed by the Full Bench of NIRC vide impugned order---Contention of respondent was that he was not informed in writing of the alleged misconduct within one month---Validity---Petitioner-company (employer) had found out about the misconduct on 12-11-2015, when informed by the insurance company---Respondent was informed on 01-12-2015---It was never the respondent's case before the High Court that the petitioner had knowledge of the misconduct at any time prior to the communication received from the insurance company; hence, no case was made out to consider the petitioner's issuance of the information/show-cause notice as being time barred---Writ petition was allowed and the impugned judgment was set aside.

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