| Case ID |
101723e9-e569-4519-a9f5-ed133cec3e5d |
| Body |
View case body. Login to View |
| Case Number |
KAR-255 of 1993 |
| Decision Date |
Feb 20, 1994 |
| Hearing Date |
Feb 17, 1994 |
| Decision |
The appeal questioned the order of the Labour Court which reinstated the petitioner with back benefits. The petitioner, employed since April 1979, was terminated on allegations of misconduct while serving as Swimming Pool Incharge. The court determined the employee was indeed a 'workman' under the Industrial Relations Ordinance, rejecting the employer's claims of supervisory status. The enquiry conducted was found to be unfair, with the Enquiry Officer acting as a prosecutor. The termination was deemed mala fide, leading to the reinstatement of the employee by the Labour Court, a decision upheld by the Tribunal. |
| Summary |
In the case of MIDWAY HOUSE (PVT.) LTD. vs ISRARUL RAO, the Labour Appellate Tribunal of Sindh addressed critical issues surrounding wrongful termination and the definition of 'workman' under the Industrial Relations Ordinance, 1969. The case involved a dispute where the employee, serving as a Swimming Pool Incharge, was terminated based on alleged misconduct. The Tribunal found that the enquiry into the allegations was not conducted properly, highlighting the lack of fair procedures and the improper role of the Enquiry Officer. This case emphasizes the importance of due process in employment disputes and reinforces the protections afforded to workers under labour laws. The Tribunal's decision to uphold the reinstatement of the employee not only restored his position but also reaffirmed the legal standards that must be adhered to in disciplinary proceedings. This ruling is significant for similar cases involving employee rights and workplace fairness, making it a pivotal reference in labour law jurisprudence. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
AGHA ALI HYDER
|
| Lawyers |
Rafat Osmani,
Khalilur Rehman
|
| Petitioners |
MIDWAY HOUSE (PVT.) LTD., KARACHI through GENERAL Manager
|
| Respondents |
ISRARUL RAO and another
|
| Citations |
1994 SLD 657,
1994 PLC 340
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
2(xxiii)
|