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Citation: 1970 PLC 330
Court: Industrial Appellate Tribunal
Year: 1970
Decision Date: 1970-01-30
Parties: THE DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, SUKKUK vs AMANULLAH AND ANOTHER
Case cited as 1970 PLC 330
Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title:THE DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, SUKKUK vs AMANULLAH AND ANOTHER Case No.: Appeal No. SKR-244 of 1969 Date of Judgment:1970-01-30 Reported As: 1970 PLC 330 Result: appeal is dismissed Judgment ORDER This is an appeal against the order of the learned Chairman of the First West Pakistan Industrial Court, Karachi, dated 26th November 1969, whereby the learned Chairman allowed the application under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968 (hereinafter called the repealed Ordinance), and ordered the re-instatement of the respondent with full benefits. 2. The learned Representative for the appellant, contended in the first place, that there was no violation of section 37 of the repealed Ordinance, inasmuch as, the respondent not being an office- bearer of the Union, could be dismissed for misconduct not connected with the pending industrial dispute. Admittedly, the respondent was not dismissed for any misconduct which was connected with the industrial dispute, that was pending before the Court. The question, however, is as to whether there was any misconduct within the meaning of section 7 of the Road Transport Workers Ordinance, 1961 (hereinafter called the Workers Ordinance). The Management cannot be allowed to go behind the finding of the Enquiry Officer appointed by it. The Industrial Courts are reluctant to sit as a Court of Appeal over the findings arrived…
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