| Case ID |
00573b07-e283-4e66-9283-cb1238b26601 |
| Body |
View case body. Login to View |
| Case Number |
KAR-224 and KAR-226 of 1995 |
| Decision Date |
Jan 16, 1996 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal dismissed both the appeal by the Employees' Old-Age Benefits Institution against the reinstatement of the employee Naseer Ahmed and the cross-appeal by the employee regarding the refusal of back benefits. The Tribunal upheld that the Labour Court had jurisdiction to entertain the grievance petition filed under section 25-A of the Industrial Relations Ordinance, 1969. The Tribunal found that the charges against Naseer Ahmed for misappropriation were not substantiated, and the dismissal from service was not warranted by the facts and law. Furthermore, the Tribunal ruled that the employee failed to prove he was not gainfully employed during the period of dismissal, leading to the refusal of back benefits. |
| Summary |
This case revolves around the grievance petition filed by Naseer Ahmed against his dismissal from the Employees' Old-Age Benefits Institution. The Labour Court found that the charges of misappropriation were vague and not proven, leading to the reinstatement of the employee. The case highlights the interpretation of commercial establishment definitions under relevant laws and the jurisdiction of the Labour Court. The Tribunal maintained that the institution's revenue generation through investments qualifies it as a commercial establishment, thus making the Industrial Relations Ordinance applicable. The decision reinforces the importance of substantiating allegations of misconduct in employment cases and clarifies the burden of proof regarding back benefits claims. Keywords: Labour Court jurisdiction, commercial establishment, grievance petition, employee rights, dismissal case, reinstatement, back benefits. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Employees' Old-Age Benefits Institution
|
| Judges |
Not available
|
| Lawyers |
Muhammad Humayun,
Nishat Warse
|
| Petitioners |
Naseer Ahmed
|
| Respondents |
Employees Old-Age Benefits Institution through Assistant Director General (PTP), Karachi
|
| Citations |
1996 SLD 636,
1996 PLC 673
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Employees' Old-Age Benefits Act (XIV of 1976)
|
| Sections |
1(3),
25-A,
51,
2(b),
15(4),
17,
18
|