| Summary |
In the landmark case cited as 1997 SLD 790 and 1997 PLC 420, the Labour Appellate Tribunal in Sindh adjudicated Appeal No. HYD-462 of 1995, delivered on April 2, 1996. The appellant, Zeal Pak Cement Factory Limited based in Tando Muhammad Khan, Hyderabad, contested the termination of Ghulam Habib, a helper who had been employed since September 6, 1991. Ghulam Habib asserted that his dismissal on October 29, 1994, was unlawful as he was a permanent workman under the Industrial Relations Ordinance, XXIII of 1969, specifically Section 25A, and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, VI of 1968, Sections 12(3) and 20. The Zeal Pak Cement Factory Limited, however, claimed that Ghulam was a temporary worker employed through a contractor, and thus, they were not directly responsible for his termination procedures. Despite the factory's assertion, the Tribunal examined the validity of the discharge certificate presented by Ghulam Habib. The certificate, allegedly issued by the factory's administration, was contested by Mr. Ali Muhammad, the Manager of Administration, who denied its authenticity and the legitimacy of the signature. The Labour Court had already expressed doubts about the certificate's authenticity, leading to the conclusion that the termination lacked a proper written order with justified reasons, rendering it illegal under the applicable ordinances. Additionally, the Tribunal noted that even if employment was facilitated through a contractor, the primary employer remained accountable for adhering to the standing orders. Consequently, the Tribunal mandated the reinstatement of Ghulam Habib with 50% of his back benefits, recognizing the employer's failure to comply with legal termination procedures. This decision underscores the imperative for employers to maintain stringent adherence to labor laws and ensure transparent and justified employment practices. The legal representation for the appellant was provided by Mehmood A. Ghani, while Ashraf Hussain Rizvi represented the respondent. The case highlights critical aspects of employment law, particularly concerning the rights of permanent workers and the obligations of employers under statutory regulations. Keywords: Labour Appellate Tribunal Sindh, Industrial Relations Ordinance 1969, West Pakistan Employment Ordinance 1968, illegal termination, employee reinstatement, Zeal Pak Cement Factory case, Ghulam Habib employment rights, standing orders compliance, labour law tribunal decision, employment dispute resolution. |