| Case ID |
0a6dc79b-d1eb-45c9-83ac-4f5d66ecd4d3 |
| Body |
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| Case Number |
Appeal No. 408 of 1974 |
| Decision Date |
Jan 22, 1975 |
| Hearing Date |
|
| Decision |
The appeal has no merit and the same is hereby dismissed. The appellant, Bashir Ahmed, failed to establish a guaranteed or secured right for reinstatement under the Industrial Relations Ordinance, 1969, as he did not prove that the provisions regarding termination of employment were applicable to his case. The evidence was insufficient to demonstrate that the respondent's establishment employed the required number of workers. Therefore, the dismissal of the petition for reinstatement by the Junior Labour Court is upheld. |
| Summary |
This case revolves around the appeal made by Bashir Ahmed against the dismissal of his petition for reinstatement after his termination from Khalid Sizing & Powerlooms Industries. The core legal issue pertains to the Industrial Relations Ordinance, 1969, specifically section 25-A, which addresses the rights of workers regarding termination and reinstatement. The Junior Labour Court ruled that Bashir Ahmed did not have a guaranteed right to reinstatement since he failed to prove that the provisions of the relevant laws applied to his employment situation. The case underscores the importance of establishing the applicability of labor laws in disputes regarding employment termination. The judgment emphasizes that without clear evidence of the number of employees in the establishment, the protections afforded under the Standing Orders Ordinance cannot be invoked. The dismissal of his appeal reflects the stringent requirements for workers seeking redress in labor disputes, highlighting the necessity for proper legal representation and understanding of applicable labor laws. |
| Court |
IIIrd Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Khalid Sizing & Powerlooms Industries, Lyallpur
|
| Judges |
Screed Ahmad, Presiding Officer
|
| Lawyers |
Muhammad Ramzan for Appellant,
Mien Abdul Latif for Respondent
|
| Petitioners |
Bashir Ahmed
|
| Respondents |
Khalid Sizing & Powerlooms Industries, Lyallpur
|
| Citations |
1976 SLD 94,
1976 PLC 891
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance,
Workmen's Compensation Act,
Payment of Wages Act,
Shops and Commercial Establishment Ordinance
|
| Sections |
25-A,
12
|