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1997 PLC 419

DHANI BUX vs MUNICIPAL COMMITTEE, TANDO ALLAHYAR Through Chief

Petitioner: DHANI BUX VS Respondent: MUNICIPAL COMMITTEE, TANDO ALLAHYAR Through Chief Municipal Officer And Another

Court: Labour Appellate Tribunal Decision Date: 1996-04-01

Full Judgment Text & Judicial Ruling

Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title:DHANI BUX vs MUNICIPAL COMMITTEE, TANDO ALLAHYAR Through Chief

Municipal Officer And Another Case No.: Appeal No. HYD-15 of 1996 Date of Judgment:1996-04-01 Reported As: 1997 PLC 419 Result: Appeal dismissed Judgment DECISION The appellant was an employee of Tando Allahyar Municipal Committee as a sweeper but it was found that he was actually working with the Telecommunication Department in the same capacity and drawing double salary. He was charge-sheeted and found guilty and subsequently dismissed from service by the Municipal Committee in 1991. This case had been detected by the Anti- Corruption Department. 2. It has been argued by Mr. Rana Mehmood Ali Khan on behalf of the appellant that the appellant was retired from service prematurely on medical grounds with effect from 1-2-1988. Such order alongwith Medical Certificate of Civil Surgeon, Services Hospital, Tando Allahyar has been produced. 3. Thus, the appellant was not in active service of the Municipal Committee but he was a Pensioner drawing his pension from Municipality. Possibly he joined the Municipality as a regular sweeper without disclosing that he had already retired on invalid pension. In any case his conduct has been dishonest and he has not come to the Court with clean hands. 4. I can, therefore, see no reason to interfere with the order of the Labour Court. The order of the Labour Court is maintained and the appeal is dismissed.

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