Case ID |
0f6910fa-405e-4620-b5e1-5021c2591ca1 |
Body |
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Case Number |
D-334 of 2012 |
Decision Date |
May 31, 2018 |
Hearing Date |
|
Decision |
The Sindh High Court upheld the decision of the Sindh Labour Appellate Tribunal, finding that the termination of the employee was illegal and did not follow the required procedural safeguards under the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The court emphasized the importance of following established procedures for retrenchment, particularly for permanent workmen. The court ruled that the employee was indeed a permanent workman and thus entitled to the protections afforded by the law, including proper notice prior to termination. The court dismissed the constitutional petition filed by Sanghar Sugar Mills Ltd. and directed the reinstatement of the employee without delay. |
Summary |
In the case of Sanghar Sugar Mills Ltd. vs. Sindh Labour Appellate Tribunal, the Sindh High Court addressed the termination of a permanent employee due to alleged financial constraints. The court found that the employee had been wrongfully terminated without following the proper procedures as outlined in the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The court ruled that the employee was integral to the operations of the sugar factory and should have been retained despite financial difficulties. The ruling underscored the need for employers to adhere to legal requirements in employment matters and emphasized the protection of workers' rights within the industrial sector. This case highlights the importance of procedural fairness and the legal obligations of employers in Pakistan's labor law context. |
Court |
Sindh High Court
|
Entities Involved |
Sindh Labour Appellate Tribunal,
Sanghar Sugar Mills Ltd.
|
Judges |
AZIZ-UR-REHMAN,
FAHIM AHMED SIDDIQUI
|
Lawyers |
Mumtaz Alam Lethari,
Mehmood Hussain Siddiqui No.3
|
Petitioners |
Sanghar Sugar Mills Ltd.
|
Respondents |
Sindh Labour Appellate Tribunal through Chairman and 2 Others
|
Citations |
2020 SLD 341,
2020 PLC 1
|
Other Citations |
Sikandar Aziz and 20 others v. Secretary, Ministry of Industries and Production Government of Pakistan, Islamabad and others 2001 PLC (C.S.) 205,
Muhammad Ayub Khan and 3 others v. Messrs Muhammad Farooq Textile Mills Ltd. and 2 others 2004 PLC 250,
Abdul Sattar and another v. Sui Northern Gas Pipelines Limited and others 2001 PLC 583,
Messrs Shahmurad Sugar Mills Ltd. v. Ghulam Mustafa and another 1998 PLC 83,
Zain Packaging Industries Limited, Karachi v. Abdul Rashid and 2 others 1994 SCMR 2222,
Granulars (Pvt.) Ltd. v. Muhammad Afzal and others 2002 PLC 1,
Attaullah v. The Chairman, Sindh Labour Appellate Tribunal and others 2002 PLC 311
|
Laws Involved |
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
Sections |
1(a),
12,
13
|