| Case ID |
0883c141-4408-467b-b9c8-221f42cc458e |
| Body |
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| Case Number |
Appeals Nos. HYD-130 and 131 of 1987 |
| Decision Date |
Mar 31, 1991 |
| Hearing Date |
Mar 10, 1991 |
| Decision |
The appeals filed against the order dated 22-3-1987 were dismissed. The tribunal found that the termination of the appellants' services was justified due to retrenchment as the factory had suffered losses and ceased production. The tribunal ruled that allegations of mala fides were not substantiated, as it was proven that the factory had been closed multiple times prior to the termination. The appellants' claims of being victimized for their trade union activities were not supported by evidence. The decision highlighted the importance of proving mala fides in cases of alleged unfair dismissal, particularly in the context of retrenchment due to financial difficulties faced by the employer. |
| Summary |
In the case before the Labour Appellate Tribunal of Sindh, the appellants, Saghir Ahmad and Khalid Hanif, challenged their termination from employment under the Industrial Relations Ordinance of 1969. The tribunal addressed the legal implications of dismissals based on retrenchment, emphasizing the need for employers to provide valid reasons for termination. The case highlighted the burden of proof on employees alleging victimization, particularly in the context of trade union activities. The tribunal underscored the necessity for concrete evidence to support claims of mala fides. Ultimately, the tribunal upheld the respondents' decision to terminate the appellants' employment, as the factory's financial distress was a legitimate reason for retrenchment. This ruling serves as a critical precedent in labor law, reinforcing the standards for proving wrongful termination and the legal protections available to workers in Pakistan. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALI U. QURESHI,
SAGHIR AHMAD
|
| Lawyers |
Abdul Ghani Khan
|
| Petitioners |
SAGHIR AHMAD,
KHALID HANIF
|
| Respondents |
SAGHIR AHMAD,
KHALID HANIF
|
| Citations |
1992 SLD 997,
1992 PLC 889
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|