| Case ID |
0a4fb054-065d-4a93-afdf-7b84f10f7ea9 |
| Body |
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| Case Number |
KAR-626 of 1982 |
| Decision Date |
Feb 01, 1983 |
| Hearing Date |
Feb 01, 1983 |
| Decision |
The appeal by Habib Bank Ltd. against the decision of the First Labour Court is allowed. The court determined that the respondent, Khumar Gul, was not a workman as defined under the applicable laws, specifically due to the lack of evidence supporting his claims of performing additional manual work beyond his duties as a Chowkidar. The Labour Court's decision to reinstate him was overturned, and the claim for grievance was dismissed. The bank's termination of service was deemed lawful, with the tribunal ordering the refund of back benefits deposited for the respondent. |
| Summary |
The case centers around the appeal of Habib Bank Ltd. against a decision by the First Labour Court, which had allowed a grievance petition from Khumar Gul, a Chowkidar (guard) at the bank. The respondent was terminated due to involvement in a criminal case, which he claimed was unrelated to his employment. The Labour Court ruled that the respondent was indeed a workman entitled to challenge his termination. However, upon appeal, the Labour Appellate Tribunal found that the respondent's employment was strictly for guarding duties, and he failed to substantiate claims of performing additional manual tasks. Consequently, the appeal was upheld, and the original ruling was overturned, emphasizing the need for clear evidence in employment disputes. This case highlights the importance of understanding employment definitions under industrial laws and the implications of wrongful termination claims. Keywords include 'termination of service', 'industrial relations', 'Labour Appellate Tribunal', and 'employment law'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Habib Bank Ltd.,
Khumar Gul
|
| Judges |
Z. A. CHANNA
|
| Lawyers |
Obaidur Rehman,
S. P. Lodhi
|
| Petitioners |
HABIB BANK LTD.
|
| Respondents |
KHUMAR GUL
|
| Citations |
1983 SLD 1840,
1983 PLC 936
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2(i),
O. 12(3),
25-A
|