| Case ID |
150d8588-8917-43bb-bb82-ed44fe5c71f5 |
| Body |
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| Case Number |
KAR-414 of 1994 |
| Decision Date |
Aug 09, 1995 |
| Hearing Date |
|
| Decision |
The appellant was a permanent worker engaged as a waiter at the respondent's Hotel Midway House since 1990. His services were terminated on the ground of retrenchment after three years. The Labour Court ruled that the termination was illegal and ordered reinstatement but denied back benefits for the period of unemployment. The appellant argued that he remained unemployed throughout this period, which was admitted by the respondent. The court highlighted that unless the employer proves otherwise, the appellant is entitled to back benefits. Ultimately, the appeal was allowed, and the lower court's order was modified to grant back benefits, which must be paid within 15 days. |
| Summary |
The case revolves around an industrial dispute concerning the unlawful termination of an employee, MUHAMMAD ASLAM, who was a waiter at Hotel Midway House. After being terminated on the grounds of retrenchment, he approached the Labour Court, which ruled in his favor, stating that his dismissal was illegal. The core issue was the denial of back benefits during his period of unemployment. The Labour Appellate Tribunal emphasized that unless the employer demonstrates that the employee was gainfully employed during the termination period, the employee is entitled to back benefits. The decision highlights crucial labor rights and the importance of proper procedure in dismissals, making it an essential reference for similar industrial disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
M/s. HOTEL MIDWAY HOUSE (PVT.) LTD.
|
| Judges |
MUSHTAK ALI KAZI,
MUHAMMAD ASLAM
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD ASLAM
|
| Respondents |
M/s. HOTEL MIDWAY HOUSE (PVT.) LTD.
|
| Citations |
1996 SLD 242,
1996 PLC 4
|
| Other Citations |
1991 PLC 213
|
| Laws Involved |
Not available
|
| Sections |
Not available
|