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23 Years of Unblemished Service of Employee --- Lahore High Court upheld the decision of Punjab Labour Appellate Tribunal to reinstate an Employee dismissed for Alleged Misconduct

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23 Years of Unblemished Service of Employee --- Lahore High Court upheld the decision of Punjab Labour Appellate Tribunal to reinstate an Employee dismissed for Alleged Misconduct

Islamabad 03-12-2024: In a significant judgment, the Lahore High Court (LHC) dismissed a Writ Petition filed by Packages Limited, challenging the decision of the Punjab Labour Appellate Tribunal (PLAT). The Tribunal had reversed a dismissal order against a long-serving employee, Respondent No. 2, citing lack of evidence, procedural lapses, and discriminatory practices by the employer.

The case revolved around the status of the employee as a “workman” under labor laws, the proportionality of disciplinary penalties, and adherence to procedural fairness in disciplinary proceedings.

Respondent No. 2, employed as an Operator at Packages Limited, was dismissed in 2015 for alleged misconduct under Standing Order 15-3(a) and 15-3(h) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. He filed a grievance under Section 33 of the Punjab Industrial Relations Act, 2010 (PIRA 2010), which was initially dismissed by the Punjab Labour Court. However, the PLAT overturned the decision in 2023, reinstating the employee. Packages Limited then sought relief from the LHC.

The Lahore High Court (LHC) reaffirmed that the employee qualified as a “workman” based on his duties and rejected the petitioner’s argument that he held a managerial position. The Court noted the employer’s inconsistent stance, having previously treated the employee as a workman during disciplinary proceedings.

The LHC highlighted multiple procedural lapses, including the failure to provide the inquiry report to the employee and denying his right to cross-examine witnesses. These violations rendered the disciplinary proceedings invalid.

The Court criticized Packages Limited for singling out the employee for disciplinary action while ignoring similar conduct by others. This selective treatment was deemed discriminatory and violative of Article 25 of the Constitution of Pakistan.

The Court found the dismissal penalty disproportionate to the alleged misconduct, considering the employee’s 23 years of unblemished service. It emphasized that penalties must correspond to the gravity of the offense.

The LHC upheld the PLAT’s decision, stating that appellate findings should be preferred unless proven arbitrary or perverse.

Dismissing the petition, the LHC ruled that the dismissal of Respondent No. 2 was unjustified and discriminatory, affirming the PLAT’s decision for reinstatement. The Court observed that the employer’s inconsistent stance, procedural irregularities, and disproportionate penalty invalidated its actions.