| Case ID |
1021f1a8-7910-4954-8293-8f6c03f28c1f |
| Body |
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| Case Number |
KAR-683 and KAR-684 of 1992 |
| Decision Date |
Nov 30, 1993 |
| Hearing Date |
Nov 16, 1993 |
| Decision |
The appeals challenged the Labour Court's decision to reinstate the petitioner with full back benefits. The petitioner claimed he was a permanent employee and had been orally terminated without notice. The respondents contended that the petitioner had absconded. The tribunal found that the employer failed to substantiate claims of the petitioner’s disappearance and ruled that the oral termination was unlawful. The petitioner was ordered to be reinstated with back benefits, emphasizing that the Labour Laws are meant to protect workers' rights, and technicalities should not bar access to justice. |
| Summary |
In the case of M/s. DAWOOD COTTON MILLS LTD. vs. SHER MALIK, the Labour Appellate Tribunal addressed an industrial dispute regarding the wrongful termination of an employee. The employee alleged he was terminated without notice when he reported for duty, while the employer claimed he had absconded. The Tribunal found the employer's claims unsubstantiated as no witnesses were presented to support their assertions. The decision reinforced the protective nature of labour laws, allowing for the reinstatement of the employee and the payment of back benefits. This case highlights the importance of due process in employment termination and the obligation of employers to provide evidence for their claims. The ruling emphasizes that the legal framework aims to ensure fair treatment of workers, thereby enhancing workplace rights and obligations. Keywords such as 'industrial dispute', 'labour laws', 'employee rights', and 'termination of service' are central to this case, reflecting ongoing discussions in employment law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Khursheed Khan,
DAWOOD COTTON MILLS LTD.,
SHER MALIK
|
| Judges |
AGHA ALI HYDER
|
| Lawyers |
Noor Ahmed, A.O. for Appellant (in Appeal No. KAR683 of 1992),
Latif Saghar for Appellant (in Appeal No. 684 of 1992),
Ibne Ayub for Respondent
|
| Petitioners |
M/s. DAWOOD COTTON MILLS LTD.
|
| Respondents |
SHER MALIK
|
| Citations |
1994 SLD 611,
1994 PLC 243
|
| Other Citations |
Dawood Cotton Mills Ltd. v. Shah Zarin 1992 P L C 1274,
Dawood Cotton Mills Ltd. v. Presiding Officer Labour Court No. IV and 2 others 1979 P L C 50,
Ghulam Ali v. Noor Muhammad 1975 P L C 32
|
| Laws Involved |
Industrial Relations Ordinance (IXIII of 1969)
|
| Sections |
25A
|