THE ROAD TRANSPORT CORPORATION, LAHORE vs MUHAMMAD HUSAIN — 1970 PLC 156

Citation: 1970 PLC 156

Court: Industrial Appellate Tribunal

Year: 1969

Decision Date: 1969-09-24

Parties: THE ROAD TRANSPORT CORPORATION, LAHORE vs MUHAMMAD HUSAIN

Headnotes

Case cited as 1970 PLC 156

Judgment Text

Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title: THE ROAD TRANSPORT CORPORATION, LAHORE vs MUHAMMAD HUSAIN Case No.: Appeal No. LHR.-169 of 1969 Date of Judgment:1969-09-24 Reported As: 1970 PLC 156 Result: Appeal is dismissed Judgment ORDER This is an appeal against an award dated the April 3, 1969. The impugned order was passed on an application under section 31 of the Ordinance, 1959, hereinafter called the repealed Ordinance. The respondent was a conductor in the G. T. S., Layallpur. He was charge-sheeted for commission of certain acts of misconduct and after enquiry, was dismissed by the District Manager w.e.f. 14th of October 1966. The learned Chairman of the Industrial Court came to the conclusion that the respondent was riot given a personal hearing by the District Manager and therefore, the order passed by him and the subsequent orders passed in appeal and revision were bad in law. The learned Court came to the following conclusion. "After considering para. 4 of Standing Order 13, I am of the opinion that, whether a formal show-cause notice is issued or not, an opportunity of hearing must be given to a workman before an order is passed against him. Admittedly, in the instant case, the petitioner was not heard by the District Manager. The learned Chairman of the Court, on the basis of the conclusion arrived at, ordered the re-instatement of the respondent with the observation that the employer could pass fresh order after giving an…

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