| Case ID |
03756c33-0304-476f-b55b-19959c7336aa |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 226 of 1979 |
| Decision Date |
Apr 10, 1988 |
| Hearing Date |
Apr 10, 1988 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by Messrs Mehrajj Sons against the decision of the Lahore High Court, which had dismissed their constitutional petition arising from a labor dispute. The court held that the dismissal of the respondent was illegal as it did not follow the prescribed procedures under Standing Order 15 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The court emphasized that the provisions of Standing Orders must be adhered to, particularly in cases of misconduct. Consequently, the judgment of the lower tribunals was set aside, reaffirming the need for compliance with labor laws regarding employee termination. |
| Summary |
The case revolves around the dismissal of an employee by Messrs Mehrajj Sons, an industrial establishment that employed fewer than 49 workers. The employee contended that he was dismissed without a show-cause notice, which is a violation of the Standing Orders stipulated under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The Supreme Court examined the conflict between the provisions of the Ordinance and the Standing Orders, particularly focusing on the applicability of Standing Order 15. The court found that the dismissal was indeed illegal as the necessary procedures were not followed. This case underscores the importance of adhering to labor laws in Pakistan and the legal protections afforded to employees in industrial establishments. The decision also highlights the role of the Supreme Court in interpreting labor laws and ensuring compliance with statutory requirements. Keywords such as 'labor law', 'employee rights', 'termination procedures', and 'Supreme Court decisions' are essential for SEO optimization in this context. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ALI HUSSAIN QAZILBASH,
S.USMAN ALI SHAH
|
| Lawyers |
Mr. Sheikh
|
| Petitioners |
Messrs MEHRAJ SONS
|
| Respondents |
2 others,
PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE
|
| Citations |
1988 SLD 2412,
1988 SCMR 1044
|
| Other Citations |
Al-Hassan Silk Mills Ltd. v. The Presiding Officer, Sind Labour Court and another P L D 1981 S C 39,
M/s. N.J. Silk Industries v. Presiding Officer IVth, Sind Labour Court P L D 1980 S C 283
|
| Laws Involved |
Constitution of Pakistan, 1973,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
185(3),
1(4),
S.O.15
|