| Case ID |
00af7f63-a174-4c89-8f09-dc6e53473b5c |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
Apr 17, 1995 |
| Hearing Date |
Apr 17, 1995 |
| Decision |
In this landmark decision dated April 17, 1995, the Labour Appellate Tribunal, Sindh, upheld the appellant's stance regarding the lawful termination of employment based on the temporary nature of the position. The tribunal meticulously examined the appointment details, which clearly indicated that the employee was engaged on a temporary basis for a duration initially set for three months, later extended to seven months. The extension was documented in writing, affirming the job's temporary status and the subsequent termination for the completion of extra work. The appellant, A.E.G. Pakistan (Pvt.) Ltd., successfully argued that the termination was both valid and legal under the given ordinances, specifically citing the Industrial Relations Ordinance (XXIII of 1969) and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968). The respondent's claims were dismissed due to the absence of grounds for reinstatement, particularly as the employee did not qualify as a 'Badli worker'. Consequently, the tribunal allowed the appeal, set aside the Labour Court's previous decision to reinstate the employee, and mandated the refund of back benefits to the appellant. This decision underscores the importance of adhering to contractual employment terms and the legal frameworks governing temporary employment, providing a clear precedent for similar future cases in the realm of labor law. |
| Summary |
The 1995 appellate case adjudicated by the Labour Appellate Tribunal in Sindh serves as a pivotal reference in labor law, particularly concerning the lawful termination of temporary employment. Central to the case was the employment status of the respondent, TARIQ MEHMOOD MIRZA, who was engaged by A.E.G. Pakistan (Pvt.) Ltd. on a temporary basis. The initial three-month contract was subsequently extended month-to-month, culminating in a seven-month tenure, after which the employer legally terminated his services. The appellant, represented by advocate Muhammad Humayun, underscored that the employment was never intended to be permanent and was clearly delineated as temporary from the outset, as per the appointment letter dated April 21, 1991. This letter specified the tentative end date of July 31, 1991, and the termination notice unequivocally cited the temporary nature of the role as the reason for dismissal. The respondent's attempt to secure reinstatement under Section 25-A of the Industrial Relations Ordinance (XXIII of 1969) was effectively countered by the appellant's adherence to the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), specifically sections S.Os. 1 and 12(3). These sections provided the legal framework that permitted the termination of temporary workers without the obligation to convert their positions to permanent status. The absence of the respondent's representative during several hearings further solidified the tribunal's position, leading to the dismissal of his claims and the upholding of the appellant's rights. The decision not only reinforced the contractual obligations of employers regarding temporary employment but also clarified the legal interpretations of 'Badli workers' and the conditions under which employment can be lawfully terminated. For legal professionals and scholars, this case offers invaluable insights into the practical applications of labor laws in Pakistan, emphasizing the necessity for clear contractual terms and the importance of legal compliance in employment practices. Additionally, the case highlights the judiciary's role in balancing the rights of employees with the operational prerogatives of employers, ensuring that temporary employment contracts are respected and upheld in accordance with established legal statutes. |
| Court |
Labour Appellate Tribunal
|
| Entities Involved |
A.E.G. Pakistan (Pvt.) Ltd.,
Sindh Labour Court, Karachi,
Labour Appellate Tribunal, Sindh
|
| Judges |
MUSHTAK ALI KAZI
|
| Lawyers |
Muhammad Humayun,
Nemo
|
| Petitioners |
MUSHTAK ALI KAZI
|
| Respondents |
another,
TARIQ MEHMOOD MIRZA
|
| Citations |
1995 SLD 1365,
1995 PLC 617
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
25-A,
S.Os. 1,
12(3)
|