| Case ID |
0408227f-bf0a-41a0-a70c-029fa368e290 |
| Body |
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| Case Number |
KAR-559 to KAR-568 of 1991 |
| Decision Date |
Nov 29, 1992 |
| Hearing Date |
Nov 23, 1992 |
| Decision |
The Labour Appellate Tribunal ruled that the Cadet College, established by Pakistan Steel Mill, is an educational institution and therefore not subject to the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The court found that the petitioners, who were employed at the Cadet College, were denied the rights of permanent workmen and were only compensated with daily wages. The Labour Court's order for their reinstatement was upheld, asserting that the Cadet College's primary function was educational and did not fall under the definitions applicable to industrial and commercial establishments. Consequently, the appeals were allowed, setting aside the Labour Court's previous decision. |
| Summary |
In the case of ABDUL REHMAN and others vs. Pakistan Steel Mill, the Labour Appellate Tribunal of Sindh addressed the applicability of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 to a Cadet College established by the Pakistan Steel Mill. The petitioners, comprising bakers and cooks employed at the college, claimed they were not recognized as permanent employees and were only paid daily wages. The Tribunal concluded that the Cadet College was an educational institution, exempting it from the standing orders ordinance, which typically governs industrial and commercial workers. The case references several precedents, affirming that educational institutions are not categorized as industrial establishments. The decision emphasized the need for proper recognition of workers' rights within educational settings, highlighting the importance of fair labor practices. This ruling underscores the distinct nature of educational institutions and their operational frameworks, which differ fundamentally from commercial enterprises. The judgment serves as a significant reference point for future cases concerning labor rights within educational contexts. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Steel Mill,
Cadet College
|
| Judges |
AGHA ALI HYDER
|
| Lawyers |
Abdus Samad,
Nadeem Azhar Siddiqi,
Abdul Majeed
|
| Petitioners |
ABDUL REHMAN,
and 9 others
|
| Respondents |
|
| Citations |
1993 SLD 1318 = 1993 PLC 434
|
| Other Citations |
K.G. Old, Principal, Christian Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court and others 1976 PLC 675,
Employees Union of Jamia Karachi v. Registrar of Trade Unions Sindh and others 1981 PLC 403,
Ghulam Sarwar and others v. Principal, Government Training College, Khairpur 1982 PLC 771,
A.F. Furguson and Co v. Sindh Labour Court and others PLD 1985 SC 429
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Industrial Relations Ordinance, 1969
|
| Sections |
1(4)
|