Legal Case Summary

Case Details
Case ID 14fb21a8-8e04-438c-a58b-09a5e632c82c
Body View case body.
Case Number Writ Petition No.202 of 1988/BWP
Decision Date Jun 15, 2001
Hearing Date Jun 15, 2001
Decision The Lahore High Court dismissed the writ petition challenging the decision of the Punjab Labour Appellate Tribunal and the Punjab Labour Court, which reinstated the respondent No. 3, asserting that the termination of his employment was unlawful. The court upheld the concurrent findings of both lower courts, affirming the applicability of the Industrial Relations Ordinance and the Standing Orders Ordinance to the case. It ruled that the employee had a valid grievance under section 25-A of the Industrial Relations Ordinance, 1969, against the termination of his services. The court emphasized that objections raised by the petitioner regarding jurisdiction and the timeliness of the grievance notice were not substantiated. The court declined to interfere in the matter, noting that the established rights of the employee were protected under the relevant labor laws.
Summary In this significant labor law case, the Lahore High Court addressed the intricacies of employment termination under the Industrial Relations Ordinance, 1969, and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The core issue revolved around the wrongful termination of respondent No. 3 from Fauji Fertilizer Company, which claimed that he was no longer an employee due to a contractual arrangement. The court found that the employee had been continuously working since his appointment in May 1982 and highlighted the importance of adhering to the procedural requirements for termination as stipulated in labor laws. The decision reinforced the rights of workers to seek redressal for grievances related to employment termination, emphasizing that such grievances must be addressed within the legal framework provided by the Industrial Relations Ordinance. The case serves as a precedent for future labor disputes, reiterating the necessity for employers to follow due process in employment matters.
Court Lahore High Court
Entities Involved Punjab Labour Appellate Tribunal, Fauji Fertilizer Company
Judges TANVIR BASHIR ANSARI, J
Lawyers Masud Ashraf Sheikh, Muhammad Suleman Malik
Petitioners FAUJI FERTILIZER COMPANY
Respondents others, PUNJAB LABOUR APPELLATE TRIBUNAL
Citations 2002 SLD 1690 = 2002 PLC 25
Other Citations Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213, Allied Bank of Pakistan Ltd. v. Punjab Labour Appellate Tribunal and others 1996 PLC (C.S.) 702, Zainul Abidin v. Col. (Retd.) Feroze Hussain, Senior Manager (Admn), Army Welfare Trust Cement Plant, Nizampur 1998 PLC 32
Laws Involved Industrial Relations Ordinance, 1969, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, Constitution of Pakistan, 1973
Sections 25-A, S.O. 12(3), Art. 199