SAKHIB ZAR vs K-ELECTRIC LIMITED arbitrary relief — 2024 PLC 278 SUPREME-COURT

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SAKHIB ZAR VS K-ELECTRIC LIMITED arbitrary relief---Court, jurisdiction of---Scope---No Court has any jurisdiction to grant arbitrary relief without support of any power granted by the Constitution or law. Citation Name: 2024 PLC 278 SUPREME-COURTBookmark this Case SAKHIB ZAR VS K-ELECTRIC LIMITED Ss. 48 & 58---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15---Constitution of Pakistan, Art. 185(3)---Termination from service---Ten days' absence without leave---Misconduct---Awarding of punishment---Object, purpose and scope---Petitioner/workman was terminated from service for being absent from duty without leave for a period of more than ten days---Trial forum did not consider absence for such period as misconduct therefore, reinstated the petitioner/workman in service---Lower Appellate Forum set aside order of reinstatement and High Court maintained that order---Validity---National Industrial Relation Commission (Trial forum) in its original order overturned the law and ordered reinstatement but it did not keep in mind doctrine of proportionality and reasonableness and modified act of misconduct from 10 days' absence to 15 days' absence---Full Bench of National Industrial Relation Commission (Lower Appellate Forum) rightly set aside such order in appeal which was affirmed by High Court---Addressing of misconduct aids, keeps an eye on and protects wellbeing of the organization and its employees in order to make sure that the workplace is in a trouble free environment---It is prerogative and inherent right of employer to trigger disciplinary proceedings in accordance with law to address misconduct, if committed by any employee but course of action for encountering any act of misconduct should stick to the principle of natural justice and the set of guidelines provided to ensure due process of law---Wrong handling of misconduct cases results in bad impact on industrial relations and also adversely affects trust level between management and workers---It is also essential for employer to maintain transparency, uniformity and egalitarianism, which insinuates compliance of all legal requirements with equal treatment to employees without any discrimination or favoritism---Supreme Court declined to interfere in order passed by High Court and Lower Appellate Forum---Petition for leave to appeal was dismissed and leave was refused. Citation Name: 2024 PLC 278 SUPREME-COURTBookmark this Case SAKHIB ZAR VS K-ELECTRIC LIMITED S.O. 15---Punishments---Quantum---Scope---As soon as act of misconduct is established and employee is found guilty after due process of law, it is the prerogative of employer to decide quantum of punishment, out of various penalties provided in law.

SAKHIB ZAR vs K-ELECTRIC LIMITED arbitrary relief — 2024 PLC 278 SUPREME-COURT

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