| Case ID |
00fc263f-b5e8-4d6b-89cd-fecb1c12c6f1 |
| Body |
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| Case Number |
HYD-155 of 1981 |
| Decision Date |
Dec 21, 1981 |
| Hearing Date |
Dec 21, 1981 |
| Decision |
The Tribunal upheld the dismissal of the appellant's grievance petition. The key issue was whether the appellant was an employee of the first respondents, Messrs Kohinoor Battery Manufacturers Ltd. or the second respondents, Central Agencies. The evidence indicated that the appellant was an employee of the second respondents, as the first respondents only reimbursed the second respondents for wages paid to the appellant. Additionally, the grievance petition against the second respondents was found to be not maintainable due to lack of proper notice and the establishment's employee count being less than 20. The Tribunal concluded that the appellant failed to prove his employment with the first respondents and dismissed the appeal. |
| Summary |
In the case of HYD-155 of 1981, the Labour Appellate Tribunal, Sindh, deliberated on the employment status of the appellant, a Sales Representative who claimed wrongful termination by his employers, Messrs Kohinoor Battery Manufacturers Ltd. and Central Agencies. The pivotal elements included the definitions of 'Employer' and 'Workman' under the Industrial Relations Ordinance, 1969, and the Standing Orders Ordinance, 1968. The Tribunal found that the appellant was never an employee of the first respondents, as they merely reimbursed the second respondents for wages paid to the appellant. The decision also emphasized the requirement of proper grievance notices and the implications of employee count in relation to the applicability of the Standing Orders. The appeal was ultimately dismissed as the appellant failed to establish his claims against both respondents. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs Kohinoor Battery Manufacturers Ltd.,
Central Agencies, Shahi Bazar, Hyderabad
|
| Judges |
Z. A. CHANNA,
MOHAMMAD SHAIQ
|
| Lawyers |
Wasiullah Qureshi,
Bashir Awan,
Mohammad Ibrahim Soomro
|
| Petitioners |
Mohammad Shaiq
|
| Respondents |
Central Agencies, Shahi Bazar, Hyderabad,
Messrs Kohinoor Battery Manufacturers Ltd.
|
| Citations |
1982 SLD 1435,
1982 PLC 175
|
| Other Citations |
Pakistan Burmah-Shell Ltd. v. Sind Labour Court No. IV P L D 1979 Kar. 109,
Johnson & Johnson (Pakistan) Ltd. v. Zubair Ahmad 1980 P L C 822,
Syed Zahid Hussain v. Messrs Hoechst (Pakistan) Ltd., Karachi 1980 P L C 380,
Pakistan Tobacco Company Ltd. v. Employees Union P L D 1961 S C 403
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
2 (viii),
25-A,
1 (4) (b),
2 (i),
S.O. 12 (3)
|