| Case ID |
1451bc9d-ed99-4048-a18e-b2117af14877 |
| Body |
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| Case Number |
Appeals Nos. KAR-162 and 163 of 1994 |
| Decision Date |
Dec 14, 1995 |
| Hearing Date |
|
| Decision |
The decision of the Labour Appellate Tribunal confirmed that the employees, Muhammad Azam Katper and Ali Akbar Narejo, who were transferred from Shahdadkot Textile Mills to Pakistan Steel Mills, retained their rights to seniority and other benefits accrued during their previous employment. The Tribunal ruled that the unilateral decision by the Steel Mills to disregard previous service for seniority was unjust and violated the terms communicated in the Last Pay Certificate issued at the time of transfer. The appeals by Pakistan Steel Mills were dismissed, affirming that employees cannot be deprived of their rights without proper notice and due process. |
| Summary |
This case revolves around the transfer of employees between Shahdadkot Textile Mills and Pakistan Steel Mills, addressing the retention of rights post-transfer under the Industrial Relations Ordinance. The Tribunal ruled in favor of the employees, emphasizing the importance of continuity in terms and conditions of employment. The decision highlighted that unilateral changes to employment terms by the transferee mill are not permissible, particularly without proper notification to the employees. This ruling reinforces the principles of fair labor practices and employee rights in the context of organizational transfers. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Steel Mills Corporation,
Shahdadkot Textile Mills
|
| Judges |
Mushtak Ali Kazi
|
| Lawyers |
Not available
|
| Petitioners |
Pakistan Steel Mills Corporation through General Manager (Law), Karachi
|
| Respondents |
,
Muhammad Azam Katper
|
| Citations |
1996 SLD 410,
1996 PLC 262
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A
|