| Case ID |
09992232-1fc6-42e2-ac1f-c087a54d68f6 |
| Body |
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| Case Number |
D-5061 of 2020 |
| Decision Date |
Oct 21, 2020 |
| Hearing Date |
Oct 21, 2020 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Azeem Weaving against the judgment of the Labour Appellate Tribunal Sindh. The Tribunal had previously granted compensation to Muhammad Arshad in lieu of reinstatement after a grievance application was filed under the Sindh Industrial Relations Act. The court held that the question of employer-employee relationship was a factual matter, which had been decided against the petitioner. The court found that the Tribunal had validly awarded a reasonable compensation of Rs. 400,000 to the respondent as full and final payment for the severance of employment relationship, emphasizing the legal provisions that allowed for such compensation under the Sindh Industrial Relations Act. The petition was dismissed without any order as to costs. |
| Summary |
In the case of Azeem Weaving vs. Muhammad Arshad, the Sindh High Court addressed significant issues related to employment termination and compensation under the Sindh Industrial Relations Act. The petitioner, Azeem Weaving, challenged the decision of the Labour Appellate Tribunal, which had awarded compensation to the respondent for his verbal termination from service. The court examined the relationship between the employer and the employee, ultimately deciding that the Tribunal had acted within its powers to award compensation based on the provisions of the Sindh Industrial Relations Act. This case highlights the importance of proper grievance mechanisms in employment disputes and the legal obligations of employers to provide fair compensation to terminated employees. Keywords: employment law, Sindh Industrial Relations Act, compensation, grievance application, arbitration. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ADNAN-UL-KARIM MEMON,
ADNAN IQBAL CHAUDHRY
|
| Lawyers |
Syed Inayat Hussain Shah
|
| Petitioners |
AZEEM WEAVING THROUGH MANAGER/OWNER
|
| Respondents |
2 OTHERS,
MUHAMMAD ARSHAD
|
| Citations |
2021 SLD 1039,
2021 PLC 124
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh General Clauses Act,
Sindh Industrial Relations Act
|
| Sections |
34,
45,
34,
45
|