| Case ID |
15ed8ef8-e5d6-48e2-a1fa-37ebcd0e0d5b |
| Body |
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| Case Number |
D-767 of 1978 |
| Decision Date |
May 27, 1984 |
| Hearing Date |
Mar 19, 1984 |
| Decision |
The Sindh High Court dismissed the petition filed by Muhammad Ali against the orders of the Sind Labour Appellate Tribunal, which held that he was not a 'workman' under the definitions provided in the Industrial Relations Ordinance and the Standing Orders Ordinance. The court concluded that the petitioner, serving as a Manager at the Bank's P.I.A. Branch, performed managerial duties rather than clerical or manual work, thereby disqualifying him from the definition of a workman as per applicable laws. The concurrent findings of the Labour Court and the Labour Appellate Tribunal were upheld, emphasizing that the nature of the petitioner's duties and his status as an officer with significant responsibilities did not align with the legal definitions of a workman. |
| Summary |
In the case of Muhammad Ali vs. Sind Labour Appellate Tribunal, the Sindh High Court addressed the critical issue of whether the petitioner qualified as a 'workman' under the Industrial Relations Ordinance, 1969, and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The petitioner, Muhammad Ali, had been dismissed from his position as a Manager at the Bank's P.I.A. Branch, following allegations of misconduct and insubordination. He contested this dismissal, arguing that he was a workman entitled to the protections of the relevant labor laws. The court analyzed the definitions of 'workman' and 'employer' within the context of the laws, ultimately determining that Ali’s managerial role and the responsibilities associated with it excluded him from being classified as a workman. The ruling underscores the distinction between managerial and clerical roles, reinforcing the burden of proof on the employer to establish the employee's classification. This case is significant for labor law as it clarifies the parameters defining workman status in relation to managerial positions. |
| Court |
Sindh High Court
|
| Entities Involved |
Bank,
SIND LABOUR APPELLATE TRIBUNAL
|
| Judges |
NASIR ASLAM ZAHID,
HAIDER ALI PIRZADA
|
| Lawyers |
Ali Amjad,
Ibrahim Pishori
|
| Petitioners |
MUHAMMAD ALI
|
| Respondents |
2 others,
SIND LABOUR APPELLATE TRIBUNAL
|
| Citations |
1985 SLD 1831,
1985 PLC 403
|
| Other Citations |
1983 P L C 509,
P L D 1969 Lah. 717,
P L D 1982 Kar. 713
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
2(viii),
2(xxviii),
25-A,
2(c)(i),
2(i)
|