| Case ID |
03ee93b1-8edb-448c-af87-ba47f8a53900 |
| Body |
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| Case Number |
KAR-194 of 1990 |
| Decision Date |
Feb 28, 1991 |
| Hearing Date |
Feb 20, 1991 |
| Decision |
The appeal was allowed, and the order of the Labour Court was set aside. The appellant was reinstated in service with one-fourth of back benefits from the date of termination. The Tribunal found that the employer had not maintained the required employment records, which was a violation of the mandatory provisions of law. The burden of proof shifted to the employer, who failed to provide evidence to support their claim regarding the number of workers employed. The decision emphasized the importance of maintaining employment records under the Shops and Establishments Ordinance, as non-compliance could lead to legal repercussions. |
| Summary |
This case revolves around the appeal made by PIR MUHAMMAD against SULEMAN GLASS WORKS regarding the termination of his services. The key legal issues pertained to the applicability of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and the requirement for employers to maintain records as mandated by the West Pakistan Shops and Establishments Ordinance, 1969. The Tribunal found that the employer had not maintained the requisite records, leading to an adverse presumption against them. The decision underscored the significance of compliance with employment laws and the legal implications of failing to provide necessary documentation in labor disputes. Keywords such as 'employment law', 'worker rights', 'termination of service', and 'legal compliance' are central to understanding the case's context and implications. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
SULEMAN GLASS WORKS, KARACHI
|
| Judges |
AHMED ALI U. QURESHI,
PIR MUHAMMAD
|
| Lawyers |
Muhammad Abdul Qadir,
Khalid Javed
|
| Petitioners |
PIR MUHAMMAD
|
| Respondents |
SULEMAN GLASS WORKS, KARACHI
|
| Citations |
1992 SLD 1038,
1992 PLC 940
|
| Other Citations |
Abdul Mannan v. M/s. Advance Textile Mills 1981 PLC 208,
Manzoor Ahmad v. Muhammad Afzal 1990 PLC 444,
M/s Humayoon Textiles, Karachi v. Abdul Rasheed 1977 PLC 223,
Fatal Elahi v. Khurshid Khan and another 1979 PLC 362,
Crescent Jute Products Ltd. v. Muhammad Yaqoob 1989 PLC 499,
PLD 1978 SC 207
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Shops and Establishments Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
25-A,
1(4)(a),
12
|