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1996 PLC 161

GENERAL MANAGER, SANGHAR SUGAR MILLS, SANGHAR vs ALI MUHAMMAD

Citation1996 PLC 161
CourtLabour Appellate Tribunal
Case No.Appeal No, HYD-383 of 1995
Date1995-09-20
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

1. DECISION ' Heard Mr. NA. Talpur for appellant Sanghar Sugar Mills.

2. ' This appeal is directed against the order of Labour Court No, VI, Hyderabad directing reinstatement of the respondent who was Security Incharge but was working at the gate searching outgoing and incoming vehicles and also checking the Entry Passes etc. He has, therefore, been held by the Labour Court to be a worker and not an officer. His services were terminated by the Sugar Mills on 22nd December, 1992. The reasons being that his work and conduct were not satisfactory. This order was obviously passed under Order 12(3) of the Standing Orders Ordinance.

3. The termination however was not simpliciter but the services were terminated as a result of the stigma that his work and conduct were not satisfactory. He should therefore have been proceeded against under Standing Order 15 for misconduct and it was necessary under Standing Order 15(4) to issue show-cause notice to the worker and hold independent enquiry, but this was not done.

2. Under the circumstances the order of termination was illegal and improper. The learned Labour Court, therefore, rightly held that there were violations of the Standing Orders Ordinance while terminating the services of the respondent and directed the reinstatement of the Security Incharge.

4. I accordingly find no ground for interference with this order and the appeal is dismissed in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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