| Case ID |
0ac807ae-f4b0-4697-b5c8-eced206ded1b |
| Body |
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| Case Number |
KAR 28 of 1999 |
| Decision Date |
May 04, 2000 |
| Hearing Date |
May 01, 2000 |
| Decision |
The appeal filed by Messrs Prsim Textile (Pvt.) Ltd was dismissed, affirming the decision of the Third Sindh Labour Court Karachi which had accepted the grievance petition filed by respondent Taleh Muhammad. The Labour Court ordered the reinstatement of Taleh Muhammad with full back benefits based on the lack of credible evidence supporting the employer's claim that the respondent voluntarily resigned. The court found that the evidence provided did not substantiate the claim of resignation and concluded that the respondent's termination was unjustified. |
| Summary |
In the case of Messrs Prsim Textile (Pvt.) Ltd vs Taleh Muhammad, the Labour Appellate Tribunal, Sindh examined the circumstances surrounding the termination of Taleh Muhammad's employment. The Tribunal found that the employer's assertion that the respondent had voluntarily resigned was unsupported by reliable evidence. The General Manager's statement was deemed insufficient, as it lacked corroborating documentation or witness testimony. The Tribunal emphasized the importance of substantive proof in employment disputes, particularly regarding claims of resignation. The case highlights the rights of employees under the Industrial Relations Ordinance, stressing that employers must provide clear evidence when contesting grievances related to termination. The decision underscored the Tribunal's commitment to upholding employee rights, ensuring that unjust terminations are rectified, and full benefits are restored to affected workers. This case serves as a significant precedent in labour law, reinforcing the need for fair treatment and due process in employment matters. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs Prsim Textile (Pvt.) Ltd,
Taleh Muhammad
|
| Judges |
Munawar Ali Khan
|
| Lawyers |
Syed Rizwan Ahmed,
Shamsher Khan
|
| Petitioners |
Messrs Prsim Textile (Pvt.) Ltd
|
| Respondents |
Taleh Muhammad
|
| Citations |
2001 SLD 2106,
2001 PLC 28
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25 A
|