1976 PLC 700

MUHAMMAD AZAM Versus DISTRICT MANAGER, G. T. S., LYALLPUR

Citation1976 PLC 700

CourtPunjab Labour Appellate Tribunal

Case No.Appeal No. LR-83 of 1973/Pb.

Date1973-11-16

Judge(s)M. Jamil Asghar, Appellate Tribunal

ORDER

This is an appeal against the order dated 8-10-73 passed under section 47 of Industrial Relations Ordinance, 1969 the Punjab Labour Court No. 3, Lyallpur, whereby permission was :-anted to the District Manager, Government Transport Service, Lyallpur, respondent, to dismissMuhammad Azam, appellant.

2. I have gone through the order of the Labour Court and find that without giving any finding as to whether the appellant was guilty of misconduct permission was granted to the respondent for his dismissal. The learned Labour Court, in my view, has erred, in passing such an order. The was incumbent upon it to have first given a finding as to whether appellant was guilty of misconduct and if he was so found guilty then alone permission should have been granted to dismiss him.

3. In view of the above I accept the appeal, set aside the order of the Learned, Labour Court and remand the case back for decision in the light of my order. In the meanwhile the order of dismissal of appellant passed by the respondent is also set aside.