| Case ID |
09ce462d-d67c-4e89-a0d1-b0d94c362194 |
| Body |
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| Case Number |
KAR-534 and KAR-535 of 1996 |
| Decision Date |
Dec 23, 1996 |
| Hearing Date |
Dec 23, 1996 |
| Decision |
The Labour Appellate Tribunal upheld the decision of the 1st Sindh Labour Court, Karachi, which dismissed the grievance petitions of the appellant workers for reinstatement and back benefits. The court found that the appellants failed to provide sufficient evidence that the employer had employed twenty or more workers, which is a prerequisite for the application of the Standing Orders Ordinance. The employer successfully demonstrated that at no time did they employ more than eleven workers. Consequently, the appeals were dismissed. |
| Summary |
In the case of Mushtak Ali Kazi vs Messrs Korangi Feeds, the Labour Appellate Tribunal dealt with appeals regarding the maintainability of grievance petitions following the termination of employment. The appellants claimed that their grievances should be addressed under the Industrial Relations Ordinance and the Standing Orders Ordinance. However, the court ruled that the burden of proof rested with the appellants to demonstrate that the employer had employed twenty or more workers. The evidence presented indicated that the employer had only employed eleven workers at any given time. As a result, the court concluded that the grievance petitions were not maintainable. This case underscores the importance of the burden of proof in employment disputes and the application of relevant labor laws in Pakistan. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
M/s. Korangi Feeds
|
| Judges |
Not available
|
| Lawyers |
Not available
|
| Petitioners |
Islamuddin,
Nazir Ahmed
|
| Respondents |
Messrs KORANGI FEEDS, KARACHI
|
| Citations |
1998 SLD 1171,
1998 PLC 24
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
25-A,
1(4)(a)
|