| Case ID |
0f76545e-16f2-48f4-b9ad-c09d79fd06bc |
| Body |
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| Case Number |
Hyd-3 of 1988 |
| Decision Date |
Jul 28, 1988 |
| Hearing Date |
May 03, 1988 |
| Decision |
The appeal filed by the appellant against the order of the Sind Labour Court, which allowed the grievance petition of the respondent under section 25-A of the Industrial Relations Ordinance, was dismissed. The Labour Court had directed the respondent to be reinstated in service with consequential benefits. The appellant failed to prove that the respondent had voluntarily resigned or received his dues in full and final settlement. The evidence presented by the appellant was found to be insufficient and unreliable. The decision emphasized the importance of authentic evidence in proving claims of resignation and payment of dues, concluding that the respondent's claims were credible and the Labour Court's order was well-reasoned. |
| Summary |
This case revolves around the reinstatement of a worker, Muhammad Khurshid, who was allegedly wrongfully terminated from his position at Cotex Mills Limited. The Labour Court found in favor of Khurshid, stating that the employer failed to provide credible evidence of his resignation or that he had received full payment of his dues. The case highlights key issues in employment law, particularly regarding the rights of workers to challenge wrongful termination and the burden of proof on employers to substantiate claims of resignation. The Tribunal upheld the Labour Court's decision, emphasizing that the documents presented by the employer were not genuine and raised doubts about their authenticity. This case serves as a critical reference for similar disputes in labor relations, showcasing the legal protections afforded to employees under the Industrial Relations Ordinance. Employers are reminded of the necessity for clear and convincing evidence when contesting claims of wrongful termination or resignation. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
COTEX MILLS LIMITED,
MUHAMMAD KHURSHID
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Farooq A. Ghani,
Bashir Awan
|
| Petitioners |
Messrs COTEX MILLS LIMITED
|
| Respondents |
MUHAMMAD KHURSHID
|
| Citations |
1989 SLD 2157,
1989 PLC 369
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A
|