| Case ID |
08f5ee50-bfb0-48be-a394-6d7beaf16970 |
| Body |
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| Case Number |
Kar.18 of 1984 |
| Decision Date |
Jul 15, 1985 |
| Hearing Date |
Jul 15, 1985 |
| Decision |
The appeal was dismissed as the termination of the respondent's services was found to be unlawful. The court maintained that the respondent was classified as a 'workman' under the Industrial Relations Ordinance, and the reasons provided for her termination did not meet the legal requirements. The court ordered that the back benefits deposited by the appellants be paid to the respondent forthwith. |
| Summary |
In the case of Messrs W. WOODWARD (PAKISTAN) Ltd. vs. Miss KHURSHID MALKANA, the Labour Appellate Tribunal in Sindh examined the legality of the termination of a Laboratory Assistant. The respondent claimed her termination was illegal and unfair, while the appellants argued she was not a 'workman' under the Industrial Relations Ordinance due to her salary and duties. The Tribunal found that despite the appellants' claims, the respondent's primary responsibilities were clerical in nature, and thus she qualified as a workman under the law. The Tribunal highlighted that the termination letter did not provide valid reasons as per legal standards, and the claim of post abolition was deemed an afterthought due to an advertisement for a similar position shortly after her termination. Consequently, the appeal was dismissed, and the Tribunal ordered the payment of back benefits to the respondent. This case underscores the importance of adhering to legal provisions regarding employee termination and the definitions of workman under labor laws. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs W. WOODWARD (PAKISTAN) Ltd.,
Miss KHURSHID MALKANA
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
S. Qamaruddin Hassan,
Ali Amjad
|
| Petitioners |
Messrs W. WOODWARD (PAKISTAN) Ltd., KARACHI
|
| Respondents |
Miss KHURSHID MALKANA
|
| Citations |
1985 SLD 2364,
1985 PLC 1118
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
2(xxviii),
25-A,
2(1),
12(3)
|