| Case ID |
0f7eafc6-fb71-4c0e-91fe-035191702e1e |
| Body |
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| Case Number |
KAR-182 of 1990 |
| Decision Date |
Oct 07, 1990 |
| Hearing Date |
Oct 07, 1990 |
| Decision |
The appeal concerns the dismissal of a grievance application by the learned Presiding Officer of the Sindh Labour Court. The appellant's grievance notice was addressed to the President of the Bank, who was deemed a proper person under the Industrial Relations Ordinance. The Labour Court dismissed the grievance petition on the basis that the notice was not served to the proper employer. However, the Tribunal found that the President of the Bank, apart from being the appellate authority, also had the power to employ workers and thus qualified as the employer. The Tribunal set aside the Labour Court's dismissal and remanded the case for a decision on its merits after hearing both parties. |
| Summary |
This case revolves around the procedural aspects of grievance notices under the Industrial Relations Ordinance, specifically Section 25-A, which stipulates that grievance notices must be served to the appropriate employer. The case highlights the importance of correctly identifying the employer in grievance applications, as failure to do so can lead to dismissal of the case. The Tribunal emphasized that the President of the Bank, although an appellate authority, also held the capacity to employ workers, thus satisfying the definition of an employer under the ordinance. The decision underscores the need for clear communication and proper procedures in employment-related disputes, which is crucial for both employees and employers in maintaining fair labor practices. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
HABIB BANK LTD.
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Khalid Javed,
Nemo
|
| Petitioners |
Syed ISRAR HUSSAIN
|
| Respondents |
HABIB BANK LTD.
|
| Citations |
1992 PLC 1248,
1992 SLD 1200
|
| Other Citations |
Raeesuddin v. Allied Bank of Pakistan Ltd. 1982 PLC 920,
Altaf Ahmed Shaikh v. National Bank of Pakistan 1982 PLC 683,
National Construction Ltd. v. Muhammad Mateen Hashmi 1982 PLC 215,
Muhammad Ozair Qureshi v. Chairman, National Construction Company Ltd. 1982 PLC 17
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|