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HYDERABAD vs MAJID AKHTAR AND ANOTHER Case No — 1970 PLC 75

Citation: 1970 PLC 75

Court: Industrial Appellate Tribunal

Year: 1969

Decision Date: 1969-02-15

Parties: DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, HYDERABAD vs MAJID AKHTAR AND ANOTHER

Headnotes

Result: appeal is dismissed Judgment ORDER This is an appeal against an order of the learned Chairman of the Second West Pakistan Industrial Court, Karachi, dated 31st October 1968, on an application under section 31 of the Industrial Disputes Ordinance, 1959 (hereinafter called the repealed Ordinance). The appellant was charge- sheeted for misconduct and dismissed from service on 5th November 1966, a with effect from 6th November 1966.

Judgment Text

Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title:DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, HYDERABAD vs MAJID AKHTAR AND ANOTHER Case No.: Appeal No. HYD-223 of 1968 Date of Judgment:1969-02-15 Reported As: 1970 PLC 75 Result: appeal is dismissed Judgment ORDER This is an appeal against an order of the learned Chairman of the Second West Pakistan Industrial Court, Karachi, dated 31st October 1968, on an application under section 31 of the Industrial Disputes Ordinance, 1959 (hereinafter called the repealed Ordinance). The appellant was charge- sheeted for misconduct and dismissed from service on 5th November 1966, a with effect from 6th November 1966. 2. The learned Chairman of the Industrial Court came to the conclusion that the appellant was not afforded reasonable opportunity to face the enquiry. The charge-sheet was served on the on 30th October 1966. He was required to submit his explanation within three days, i.e. he had to submit his explanation by the 3rd of November 1966. He was on duty, from 1st November 1966 to 5th November 1966. The learned Chairman of the Industrial Court, therefore, came to the conclusion that the appellant had no opportunity to face the enquiry. 3. Mr. Sirajul Haq Qureshi, the learned Representative for the appellant, contended in the first place that if the respondent was on duty from 1st November to 5th November 1966, he could submit his explanation to the Enquiry Officer. It would appear from Exb. A. W. 1/2,…

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