| Case ID |
1524a9d0-0c52-4def-b546-880221f8cccb |
| Body |
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| Case Number |
Writ Petitions Nos. 312 and 213 of 1974 |
| Decision Date |
Nov 06, 1976 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petitions filed by Sethi Straw Board Mills Ltd. challenging the orders of the Labour Court which reinstated two employees unlawfully terminated. The court upheld the Labour Court's findings that the employer’s reasons for termination were inadequate and potentially mala fide. The ruling emphasized that the burden of proof lies with the employer to substantiate claims of lawful termination and that failure to provide adequate justification allows the employee to successfully challenge such actions. The court noted that the grounds for retrenchment cited by the employer were raised for the first time in the High Court and could not be considered. The petitions were dismissed with costs, reinforcing the importance of proper procedure and justification in employment termination cases. |
| Summary |
This case revolves around two writ petitions filed by Sethi Straw Board Mills Ltd. against the orders of the Labour Court which ruled that the termination of two employees was unlawful. The Lahore High Court, presided over by Justice Shafiur Rahman, analyzed the grounds on which the employer had terminated the employees. The court highlighted that under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, the employer is required to provide written reasons for termination, which must be substantiated with evidence. The judgment reiterated that an employee can contest the termination if the reasons provided are found to be mala fide or a colorable exercise of power. In this case, the court upheld the Labour Court's decision to reinstate the employees, emphasizing the need for employers to adhere to legal standards for termination. The ruling serves as a critical reference for employment law, reinforcing protections for workers against unjust dismissal and clarifying the employer's obligations to provide valid reasons for termination. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
SHAFIUR RAHMAN, J
|
| Lawyers |
Mehboob Ahmad,
Bashir Ahmad
|
| Petitioners |
SETHI STRAW BOARD MILLS LTD., RAWALPINDI
|
| Respondents |
PUNJAB LABOUR COURT, LAHORE AND 2 OTHERS
|
| Citations |
1977 SLD 1672,
1977 PLC 402
|
| Other Citations |
Punjab Road Transport Board v. Fazal Elahi P L D 1976 Lah. 1414
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Constitution of Pakistan (1973)
|
| Sections |
S. O. 12,
Art. 199
|