| Case ID |
165fd847-ac19-452f-ba5c-02456d0fd3a3 |
| Body |
View case body. Login to View |
| Case Number |
4B(19) of 2014-Q |
| Decision Date |
Aug 18, 2015 |
| Hearing Date |
|
| Decision |
The case revolved around the termination of Muhammad Yaqoob, who alleged that he was dismissed from his position without cause and without prior notice. After reviewing the details of his employment, including his promotions and salary package, the Commission determined that he was not considered a 'workman' under the Industrial Relations Act, 2012. The evidence presented showed that he held a managerial position with substantial benefits, thus the grievance petition was dismissed. The decision highlighted the importance of categorizing employees based on their roles and responsibilities in the workplace. |
| Summary |
In the case involving Muhammad Yaqoob against Bayer Pakistan (PVT.) LTD., the primary issue concerned the legality of his termination from the position of Senior Field Marketing Officer. The petitioner argued that his dismissal was unjust and lacked proper procedure, as he was not given a show-cause notice prior to termination. However, the court found that Yaqoob was a member of the management cadre and was compensated beyond typical worker standards, which excluded him from the definition of 'workman' under the Industrial Relations Act, 2012. As such, the petition was dismissed. This case emphasizes the critical distinction between management and worker roles within corporate structures, particularly in employment law contexts. It serves as a significant reference for similar future disputes regarding employee classifications and rights under labor laws. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKBAR SANI, MEMBER
|
| Lawyers |
Qazi Bashir for Applicant,
S.M. Iqbal for Respondents
|
| Petitioners |
MUHAMMAD YAQOOB
|
| Respondents |
BAYER PAKISTAN (PVT.) LTD.
|
| Citations |
2016 SLD 657 = 2016 PLC 54
|
| Other Citations |
1999 PLC 273
|
| Laws Involved |
Industrial Relations Act, 2012,
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
2(xxxiii),
33,
2(i),
S.O.12
|