THE' DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, SUKKUR vs ALI — 1970 PLC 477

Citation: 1970 PLC 477

Court: Industrial Appellate Tribunal

Year: 1970

Decision Date: 1970-05-01

Parties: THE' DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, SUKKUR vs ALI MOHAMMAD

Headnotes

Case cited as 1970 PLC 477

Judgment Text

Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title:THE' DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, SUKKUR vs ALI MOHAMMAD Case No.: Appeal No. SKR-41 of 1970 Date of Judgment:1970-05-01 Reported As: 1970 PLC 477 Result: Appeal is accordingly Judgment ORDER This is an Appeal against an Order of the learned Chairman of the First West Pakistan Labour Court, Karachi, dated the 23rd of January 1970. The impugned Order was passed on an application under section 37 of the West Pakistan Industrial Disputes Ordinance, 1968 ' (hereinafter called the Repealed Ordinance), for permission to dismiss the appellant on the ground of misconduct. The learned Court came to the conclusion that no prima facie case was made out on the perusal of the evidence given by the G. T. S. and the statements of the respondent in T. T. 40 Form. I have heard Mr. Mehboob Rizvi, the learned Representa--tive for the appellant and Mr. Wasiullah Qureshi for the respondent. The jurisdiction of an Industrial Court while dealing with an-application under section 37 of the repealed Ordinance is limited to an enquiry as to whether a prima facie case has been made out by the employer against the employee or not. The Labour Court or the- Tribunal cannot consider the merits of the contentions of the rival rights as if 11 was trying, the case itself or was sitting in appeal over the finding of the domestic enquiry. The learned Court rightly came to the conclusion that on the evidence produced by…

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