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1998 PLC 243

HYDERI GHEE INDUSTRIES, HYDERABAD through Director Operation vs LAL BUX

Citation1998 PLC 243
CourtLabour Appellate Tribunal
Case No.Appeal No, HYD-358 of 1996
Date1996-10-01
Judge(s)Mushtaq Ali Kazi
ResultOrder accordingly

DECISION ' This appeal arises from an order of the Fifth Sindh Labour Court, Hyderabad allowing the grievance petition of the respondent for reinstatement and back benefits.

2. The facts in brief are that the respondent was working as a clerk with Hyderi Ghee Industries Limited. He was promoted as Supervisor of Accounts. Hyderi Ghee Industries Limited was sold to one Sikandar Ali on or about 14-9-1992. Respondent Lal Bux continued in service under the new management. Ultimately Lal Bux was not paid his salary from June, 1994 because the factory was not working properly and there was shortage of funds. The respondent's service was, therefore, terminated on 7-2-1995 on payment of Rs,10,000 as part of his legal dues.

3. Syed Aftab Hassan for the management states that the respondent had himself resigned from service and he was paid Rs,10,000. He then got himself recruited in the. Police Department. He was medically examined on 9-9-1995 and he received the appointment order dated 14-9-1995. That he was able to get these documents from the Police Department after decision of the labor Court and could not, therefore, produce these documents. As evidence, in time. He has accordingly prayed that this case may be remanded to the Labour Court, Hyderabad, for recording additional evidence of the appellant as well as of the respondent and giving a well-considered decision on merits. I feel that the request of the learned Advocate is reasonable. The order of the labor Court is accordingly set aside and the case is remanded for recording of additional evidence and a fresh decision on merits. .

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