| Case ID |
00d96efc-bf99-42f1-b994-89d36da4670b |
| Body |
View case body. Login to View |
| Case Number |
Appeals Nos. HYD-401 to 426 of 1986 |
| Decision Date |
Jan 15, 1989 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal, Sindh, presided over by Ahmed Ali U. Qureshi, dismissed all twenty-six appeals filed by Ramat Farooo of Messrs Muhammad Farooq and Co. on January 15, 1989. The appellant, an employer, was convicted under Section 7(2) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, for failing to insure 26 workmen as mandated by Standing Order 10-B. The Tribunal upheld the Labour Court's conviction, rejecting the appellant's arguments that the omission to insure was not an act of commission and that the Standing Orders Ordinance was not applicable to his situation. The Tribunal affirmed that non-insurance constitutes an offense under Section 7(2) regardless of whether it is an act of commission or omission. Consequently, the appellant was ordered to pay a fine of Rs.50 for each case, totaling Rs.1,300, to be paid within one month. Failure to comply may result in enforcement actions by the Labour Court. The decision emphasized adherence to the established legal procedures under the Industrial Relations Ordinance and the Criminal Procedure Code, reaffirming the necessity for employers to comply with statutory insurance requirements for their employees. |
| Summary |
In the landmark case of Ramat Farooo of Messrs Muhammad Farooq and Co. versus the Inspector of Factories, Hyderabad, adjudicated by the Labour Appellate Tribunal, Sindh on January 15, 1989, critical aspects of industrial law and employer obligations were scrutinized. The appellant, an employer, faced twenty-six separate charges under Section 7(2) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, for failing to insure workmen as required by Standing Order 10-B. The Tribunal, led by Ahmed Ali U. Qureshi, meticulously analyzed the legal framework, distinguishing between acts of commission and omission. Despite the appellant's contention that the omission did not constitute an offense, the Tribunal upheld the Labour Court's decision, affirming that non-insurance is punishable regardless of the nature of the act. This decision underscores the paramount importance of statutory compliance in employee insurance, reinforcing employer responsibilities under Pakistani industrial laws. Additionally, the case highlights the procedural adherence to the Criminal Procedure Code during industrial disputes, ensuring that legal standards are uniformly applied. The dismissal of all appeals and the imposition of fines serve as a stern reminder to employers about the legal imperatives of worker insurance, aiming to safeguard employee welfare and uphold labor standards. This case is pivotal for legal practitioners and employers alike, emphasizing the judiciary's role in enforcing labor laws and promoting fair employment practices. Trending keywords such as 'industrial law compliance', 'employer insurance obligations', 'Labour Appellate Tribunal decisions', and 'employee welfare regulations' are central to understanding the case's significance in the broader context of labor rights and legal accountability. The comprehensive judgment not only resolves the immediate legal disputes but also sets a precedent for future cases involving employer negligence in adhering to statutory insurance mandates. As businesses navigate the complexities of labor laws, this case serves as a crucial reference point for ensuring compliance and mitigating legal risks associated with employee insurance and welfare. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
MESSRS MUHAMMAD FAROOQ AND CO.,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, VI of 1968,
Criminal Procedure Code, V of 1898,
Industrial Relations Ordinance, XXIII of 1969
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Kamal Mansoor Alam,
Abdul Sattar Daudputa
|
| Petitioners |
RAMAT FAROOO OF MESSRS MUHAMMAD FAROOQ AND CO.
|
| Respondents |
INSPECTOR OF FACTORIES, HYDERABAD
|
| Citations |
1989 SLD 1607,
1989 PLC 860
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, VI of 1968,
Criminal Procedure Code, V of 1898,
Industrial Relations Ordinance, XXIII of 1969
|
| Sections |
7(2),
10-B(1)(4),
243,
412,
262,
30,
36(3),
38(3)
|