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1995 PLC 79

FAQIR MUHAMMAD vs M/s. FATEH WEAVING MILLS LTD., HYDERABAD

Citation1995 PLC 79
CourtLabour Appellate Tribunal
Case No.Appeal No, HYD-312 of 1991
Date1994-09-15
Judge(s)Agha Ali Hyder
ResultOrders accordingly

DECISION ' The circumstances in which this appeal against the order of the Labour Court No, VI at Hyderabad whereby the petition for reinstatement was dismissed has arisen in the following circumstances: ' The petitioner was working as a weaver in the respondent-mill since July, 1987. On the 8th of July, 1989 he was served with a show-cause notice as to why he should not be proceeded against for refusing to receive the charge-sheet that was being delivered to him and he was also suspended.

He came to be dismissed from service on 3-8-1989.

2. Mr. Ahsanul Haque Siddiqui conceded that the refusal to accept the letter could not be a misconduct in law. It could be sent by post.

3. Manifestly there could be no superstructure on such a shaky foundation. The order of dismissal is therefore set aside.

4. The petitioner had nowhere stated during the proceedings that he was jobless after his dismissal from service. He will therefore not be entitled to any back benefit.

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