| Case ID |
02f7051e-ef3a-4c6e-902d-b65c7fe417fd |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 397/K of 20 |
| Decision Date |
Mar 17, 2003 |
| Hearing Date |
Mar 17, 2003 |
| Decision |
The Supreme Court dismissed the civil petition for leave to appeal, affirming the decisions of the Labour Appellate Tribunal and the High Court. The Court concluded that the petitioner, Nasir Jamal Qureshi, was not considered a 'workman' under the relevant laws, particularly the Industrial Relations Ordinance and the Standing Orders Ordinance. The Court emphasized that the duties performed by the petitioner as a Territory Representative involved significant mental engagement and were not merely manual or clerical in nature. Thus, the grievance petition filed by the petitioner was deemed not maintainable, leading to the dismissal of the appeal without interference from the Supreme Court. |
| Summary |
In this case, Nasir Jamal Qureshi filed a civil petition after being terminated from his position as a Territory Representative at Rafan Fast Food Company. The Supreme Court of Pakistan, in its ruling dated March 17, 2003, upheld the decisions of the Labour Appellate Tribunal and the High Court, asserting that the petitioner did not qualify as a 'workman' under the Industrial Relations Ordinance and the Standing Orders Ordinance. The Court highlighted that the nature of the petitioner's job required imagination, application of mind, and specialized skills rather than mere manual labor. As such, the grievance petition was ruled as incompetent, and the Supreme Court dismissed the petition for leave to appeal. This decision reinforces the legal distinction between workman status and roles that demand managerial or specialized functions, ensuring clarity in employment classifications under Pakistani labor laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
M/s. Rafan Fast Food Company Ltd.
|
| Judges |
RANA BHAGWANDAS,
HAMID ALI MIRZA
|
| Lawyers |
Muhammad Muzaffar ul Haque, Advocate Supreme Court,
Faizanul Haq, Advocate on Record
|
| Petitioners |
NASIR JAMAL QURESHI
|
| Respondents |
another,
SINDH LABOUR APPELLATE TRIBUNAL
|
| Citations |
2005 SLD 1282,
2005 SCMR 1049
|
| Other Citations |
PLD 1961 SC 403,
PLD 1975 Kar. 279,
Yousuf Ali v. Quetta Sareena Hotel 2001 SCMR 1813,
Mustehkum Cement v. Abdul Rahim 1998 SCMR 644
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Constitution of Pakistan (1973)
|
| Sections |
2(xxviii),
25 A,
37(3),
2(i),
S.O.12,
Art.212(3)
|