| Case ID |
14f5cf7a-d8c5-4775-8ec7-a02f707d8c6e |
| Body |
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| Case Number |
Applications Nos. 76, 78, 79 and 83 of 1985 |
| Decision Date |
Apr 12, 1987 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled in favor of the applicants, setting aside the termination orders issued by the management of Modern Textile Mills. The decision emphasized that the termination was effectively a dismissal without due process, as there was no prior inquiry into the alleged misconduct of the workers. The tribunal found that the management's actions were motivated by a desire to suppress union activities, thus violating the rights of the workers. The applicants were ordered to be reinstated with all consequential benefits, acknowledging the illegality of their termination and the management’s failure to provide valid grounds for it. |
| Summary |
This case revolves around the wrongful termination of workers at Modern Textile Mills, who claimed their dismissals were a direct result of their union activities. The tribunal found significant evidence suggesting that the management sought to undermine the union by terminating workers under false pretenses. The decision highlighted the importance of adhering to proper procedures in employment termination and recognized the workers' rights to organize and advocate for their interests. The ruling not only reinstated the workers but also served as a precedent for protecting labor rights against retaliatory actions by employers. The tribunal's judgment underlined the need for lawful and fair practices in labor relations, reinforcing the workers' right to seek redress through legal channels. This case is crucial for understanding labor laws and the protection of workers' rights in the context of industrial disputes, particularly in relation to union activities. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Modern Textile Mills,
Labour Department
|
| Judges |
SYED NASIR HUSSAIN, JAFRI
|
| Lawyers |
M. Bashir Awan,
Masood Ahmed Shaikh
|
| Petitioners |
3 others,
MUBARAK ALI
|
| Respondents |
Messrs MODerN TEXTILE MILLS Ltd., TANDOJAM
|
| Citations |
1987 SLD 1454,
1987 PLC 973
|
| Other Citations |
1976 S C M R 448
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
12,
13,
14,
25-A
|