Asian Hotels & Properties PLC vs. Benjamin and 5 Others – sllr 2013 volume 1 page 407

In the case between Asian Hotels & Properties PLC (and associated parties) and Benjamin and 5 others, the court addressed whether the termination of the 1st respondent’s employment was justified and if the arbitrator’s refusal to mark domestic inquiry proceedings—due to absence of certain witnesses—violated the rules of natural justice. It was determined that Labour Tribunals and arbitrators may grant just and equitable relief without strict compliance with the Evidence Ordinance, as established under the Industrial Disputes Act. Emphasis was placed on the principle that denying the marking of domestic inquiry proceedings without compelling evidentiary grounds undermines the audi alteram partem rule. The appeal was allowed, with the earlier Court of Appeal decision and the arbitrator’s ord