| Case ID |
15bdc2d4-da73-48d2-9d29-19e31755df16 |
| Body |
View case body. Login to View |
| Case Number |
Revision Application No.KAR 40 of 1999 |
| Decision Date |
Nov 30, 1999 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled that the transfer of Mr. Tariq Pervez from the Head Office to a branch in the same city was a normal exigency of service and did not constitute a punishment under the Industrial Relations Ordinance. The Tribunal emphasized that mere transfer does not alter the terms of employment or constitute grounds for an industrial dispute. The ruling clarified that the Labour Court lacked jurisdiction to grant relief regarding the transfer as it was not considered an industrial dispute. The decision also pointed out that the dismissal of Mr. Ameer Ahmed was justified after an inquiry, and the presiding officer's observations regarding this matter would not influence future proceedings. |
| Summary |
This case revolves around the Labour Appellate Tribunal's decision regarding the transfer of Mr. Tariq Pervez, an employee of Messrs UNITED BANK LTD, to a branch in the same city. The Tribunal clarified that such transfers are part of the normal exigency of service and do not denote punishment, thus falling outside the purview of the Industrial Relations Ordinance (XXIII of 1969). This landmark ruling emphasized the interpretation of the law surrounding employee transfers, highlighting that they do not alter employment terms or constitute industrial disputes. Additionally, the Tribunal addressed the dismissal of Mr. Ameer Ahmed, affirming that his removal was justified following a formal inquiry. Legal representatives for the parties debated the applicability of various sections of the Industrial Relations Ordinance and the Civil Procedure Code in the context of the case, underscoring the importance of understanding the nuances of labor law. This case is significant for workers' rights, labor relations, and the interpretation of employment laws, making it a crucial reference for future labor disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs UNITED BANK LTD,
UNITED BANK LABOUR UNION
|
| Judges |
Dr. Tanzil Ur Rehman
|
| Lawyers |
Mr. Bajwa,
Mr. Latif Saghar
|
| Petitioners |
Messrs UNITED BANK LTD
|
| Respondents |
UNITED BANK LABOUR UNION
|
| Citations |
2000 SLD 1703,
2000 PLC 688
|
| Other Citations |
Air India Corporation, Bombay v. Rebello and another AIR 1972 SC 1343,
Zeal Pak Cement Factory Ltd., Hyderabad v. The Chairman, West Pakistan Industrial Court, Lahore PLD 1965 SC 420,
Syed Momin v. Rashid Textile Mills Ltd. and 3 others 1987 PLC 852,
Chaman Lal Seth v. State of Uttar Pradesh AIR 1957 All. 241,
Tahira Fazeelat and others v. Province of Punjab and others 1998 PLC. (C.S.) 268,
Marghub Siddiqi v. Hamid Ahmed Khan and 2 others, 1974 SCMR 519,
Province of West Pakistan through Deputy Commissioner, Hyderabad and another v. Malik Asghar Khan 1971 SCMR 569,
Islamic Republic of Pakistan v. Muhammad Zaman Khan and others 1997 SCMR 1508,
Qazi Inam ul Haq v. Heavy Foundry and Forge Engineering (Pvt.) Ltd. and another 1989 SCMR 1855,
Habibul Haq v. Sargodha Vegetable Ghee and General Mills, Faisalabad and another 1991 PLC 899,
Packages Ltd. v. Pir Muhammad and 11 others 1982 SCMR 716,
Sindh Employees' Social Security Institution and another v. Adamjee Cotton Mills Ltd. PLD 1975 SC 32,
Messrs U.D.L. Industries Ltd. v. Hongunang Electron Tube Plant and others PLD 1997 Kar. 553,
L.I.C.I/I.C.A. Employees' Union v. Pakistan Insurance Corporation, Karachi and another PLD 1975 Kar. 858
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Civil Procedure Code (V of 1908)
|
| Sections |
8 A,
47,
2(xiii),
32(1 A),
36,
O. XXXIX, Rr. 1 & 2
|