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---R

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---Redress of individual grievances---Removal from service---Submission of bogus medical claim---Quantum of punishment---Scope---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---Validity---Respondent appeared to have made no serious endeavour to dispute the facts relied upon by the petitioner---Full Bench of NIRC had erred in disregarding the preponderance of uncontroverted evidence/record and rested its contrary findings upon the administrator/doctor not having been examined---Respondent had accorded his satisfaction in respect of the inquiry proceeding and appended his signature to the report without any manifest demur---Charge against the respondent was proven and it was for the petitioner-company (employer) to assess the quantum of punishment, permissible within the confines of law---Writ petition was allowed and the impugned judgment was set aside.

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