| Case ID |
0479ac9b-9631-4b63-adc2-e874e84d3e6f |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K-1 |
| Decision Date |
Sep 11, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal, affirming the lower court's decision that the termination of the respondent's services was effectively an order of dismissal, not merely termination. The court found that the respondent was indeed a workman under the definition provided in the Standing Orders Ordinance and that his dismissal was validly contested in the Labour Court. The case emphasized the importance of adhering to procedural correctness in employment-related dismissals and the jurisdiction of Labour Courts to reinstate workers under specified conditions. |
| Summary |
The case of DOST MUHAMMAD COTTON MILLS LTD. vs. MUHAMMAD ABDUL GHANI highlights crucial aspects of employment law under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The Supreme Court was tasked with reviewing a termination order that was challenged as an unlawful dismissal. The respondent, who served as Chief Accountant, was terminated after being deemed unsatisfactory in his role. The Labour Court ruled in favor of the respondent, classifying the termination as a dismissal under section 15 of the Ordinance. The Supreme Court upheld this decision, emphasizing the definition of 'workman' and the significance of the Labour Court's authority. This case is pertinent for understanding employee rights, the jurisdiction of Labour Courts, and the nuances of employment terminations. Keywords such as 'employment law', 'dismissal', 'Labour Court', and 'worker rights' are critical for legal professionals and scholars studying labor relations and judicial interpretations in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ANWARUL HAQ, J
|
| Lawyers |
Mansoor Ahmad Khan, Advocate Supreme Court instructed by Y. A. Kidwai, Advocate-on-Record for Petitioners,
Naim-ud-Din, Advocate Supreme Court instructed by Ali Akbar, Advocate-on-Record for Respondents
|
| Petitioners |
DOST MUHAMMAD COTTON MILLS LTD.
|
| Respondents |
MUHAMMAD ABDUL GHANI AND others
|
| Citations |
1975 SLD 340,
1975 SCMR 535
|
| Other Citations |
Messrs Malik & Haq and another v. Muhammad Shamsul Islam Chowdhury P L D 1961 S C 531
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
15
|