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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Messrs KARACHI CLUB Through Acting General Manager VS Respondent: KISHOR And Another
Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title:Messrs KARACHI CLUB Through Acting General Manager vs KISHOR And
Another Case No.: Appeal No. KAR-63 of 1996 Date of Judgment:1996-05-21 Reported As: 1997 PLC 362 Result: Appeal allowed Judgment DECISION Respondent Kishor Sweeper at Karachi Club was dismissed from service for stealing hanger light from the Club premises. The respondent filed grievance petition before the Fifth Sind Labour Court, Karachi. The Labour Court observed that sufficient opportunity for leading defence evidence had not been given to the sweeper. He was therefore directed to be reinstated in service with back benefits, but option was given to Karachi Club for holding a fresh enquiry. The Karachi Club fixed dates for fresh inquiry four `times but the Sweeper did not Attend. Another order was therefore passed dismissing the sweeper. Rupees 56,512 back benefits deposited by the Club are being claimed by sweeper. Mr. Farooq A. Ghani for the Club who has filed; appeal from the first order had argued that the sweeper is not entitled to the back benefits because he has again been dismissed by the Club in ex parte proceedings. 2. Mr. S.P. Lodhi for the sweeper has not been able to show that there is evidence on record that the sweeper remained out of job during all this period so as to gain the advantage of back benefits. On the other hand there is evidence that the sweeper brought back stolen light and promised that he will not commit such theft again from the Club premises. In fact there was no need to order a fresh enquiry in the face of this confession. 3. The appeal is accordingly allowed and the order of the Labour Court is set aside. The back benefits of Rs.56,512 may be refunded to the Karachi Club.