| Case ID |
0f9b8083-c78e-490e-84eb-85e7c4d9eaa0 |
| Body |
View case body. Login to View |
| Case Number |
11/Neem |
| Decision Date |
Jan 10, 1978 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled in favor of the petitioner, Nowshad Khan, ordering his reinstatement with full back wages effective from the date of his termination. The tribunal found that the dismissal was illegal due to non-compliance with the prescribed procedures under the Standing Orders Ordinance. Furthermore, the tribunal concluded that despite being employed on a contractual basis, the nature of Khan's work qualified him as a 'permanent workman' under the relevant laws, thus affording him protection under the Industrial Relations Ordinance. |
| Summary |
This case involved Nowshad Khan, a fabricator at Hashtnagar Industries, who was dismissed without reason after serving since March 6, 1975. He contested his dismissal, asserting that he was a permanent workman despite his contractual employment. The Labour Appellate Tribunal found that his work was likely to last more than nine months, classifying him as a permanent workman under the relevant laws. The tribunal highlighted procedural violations in the dismissal process, leading to the conclusion that Khan's termination was illegal. The decision emphasizes the importance of adhering to established procedures in employment disputes and clarifies the interpretation of 'permanent workman' in the context of contractual employment. This case is significant in labor law, particularly regarding the rights of workers employed under contractual agreements and the protections afforded by labor statutes. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
Not available
|
| Judges |
Qazi Hamid-ud-Din
|
| Lawyers |
Abdul Latif Afridi,
Fateh Muhammad Khan
|
| Petitioners |
Nowshad Khan
|
| Respondents |
Hashtnagar Industries
|
| Citations |
1978 SLD 1158,
1978 PLC 537
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance,
Industrial Relations Ordinance
|
| Sections |
2(i),
S.O. 1(b),
2 (xxviii)
|