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1996 PLC 530

Messrs SHAHBAZ GARMENTS (PVT.) LTD., KARACHI vs Miss REHANA and 3

Citation1996 PLC 530
CourtLabour Appellate Tribunal
Case No.Appeals Nos. KAR-220 and 221 of 1995
Date1996-01-28
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION ' These are two connected appeals arising from the order of the 1st Sindh Labour Court, Karachi whereby the grievance petition of the three respondents were allowed and they were re-instated in service with full back benefits.

2. The facts in brief are that the respondents were employees of Shahbaz Garments and they worked together in the Garment Factory. It is said that on 22-6-1989. Gulzarina stole Aisha's lunch box containing Dahi Baras and consumed them alongwith other girls. There was petty quarrel over Dahi Baras and the respondents were, therefore, gate-stopped. When the matter was reported to the Manager the respondents were charge-sheeted and dismissed from service. They filed their grievance petition before Mrs. Nasim Abbasi, Presiding Officer, 1st Sindh Labour Court, Karachi. She found that there was no act of misconduct on the part of anybody and ex parte enquiry proceedings were illegal and so also the order of dismissal. She accordingly directed re- instatement of the respondents in service with full back benefits. Against this order the factory management have filed these appeals.

3. Mr. Muhammad Humayun on behalf of the appellant factory has pointed out that although incident was not very serious, the Courts have no jurisdiction to reduce the punishment awarded by the factory management but law does not take notice of petty matters. It is natural that where ladies meet there is sometime bound to be disagreement and hot words are exchanged, leading to a petty quarrel but such quarrels subside and the ladies become friendly with each other and forget all about it. If these quarrels were to be brought to Courts for settlement, the Courts will have no time for any other serious work. Two of the ladies are present in Court and they have promised that they will never loose temper nor quarrel in the factory nor would they find fault with the management.

4. I accordingly see no reason for interference with the decision of Mrs. Yasmin Abbasi. The order of re-instatement and payment of back benefits is maintained and these appeals are dismissed.

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