| Case ID |
0493f00d-8f8f-4f5d-b11e-e0c59a63a315 |
| Body |
View case body. Login to View |
| Case Number |
KAR-270 and 272 of 1990 |
| Decision Date |
May 23, 1991 |
| Hearing Date |
Apr 30, 1991 |
| Decision |
The Labour Appellate Tribunal dismissed both appeals filed by Souvenir Tobacco Company Ltd. and upheld the Sindh Labour Court's decision to reinstate Muhammad Shah with fifty percent back benefits. The tribunal found that the termination of Muhammad Shah was not justified as there were other packing machines available for him to operate, thus invalidating the reason for his termination. The case highlighted the importance of adhering to the provisions set out in the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, specifically Section 12(3), which requires valid reasons for termination that can withstand judicial scrutiny. |
| Summary |
In this significant case involving employment law, the Labour Appellate Tribunal addressed the termination of Muhammad Shah, a packing operator at Souvenir Tobacco Company Ltd. The company claimed that Shah's position was made redundant due to the obsolescence of the packing machine he operated. However, the tribunal found that other machines were available, making the termination unjustified. This case underscores critical aspects of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, particularly the requirement for valid reasons for termination. The decision emphasizes the protection of workers' rights and the necessity for employers to follow due process in employment termination cases. The ruling supports the principles of fair labor practices and the importance of maintaining employment stability, especially in the context of industrial disputes. The tribunal's decision reinforces the legal framework that governs employment relationships, highlighting the need for employers to substantiate their claims when terminating employees. This case serves as a precedent for future labor disputes involving termination and redundancy, ensuring that workers are treated fairly and justly in accordance with the law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Muhammad Shah,
Souvenir Tobacco Company Ltd.
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Mirza Muhammad Kazim,
Syed Zamirul Hassan
|
| Petitioners |
Messrs SOUVENIR TOBACCO COMPANY LTD.
|
| Respondents |
MUHAMMAD SHAH
|
| Citations |
1991 SLD 1959,
1991 PLC 882
|
| Other Citations |
South British Insurance Employees' Union v. Sindh Labour Court No. 4 and others 1975 SCMR 49,
Tauseef-un-Nabi v. Metal Containers Limited Appeal No. KAR-242 of 1989, decided on 6-3-1990 (1991 PLC 305),
Muhammad Seerajuddin v. Labour Appellate Tribunal and others 1983 PLC 1286
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
12(3),
11-A
|