Case ID |
16a578a9-4927-4c62-8646-0583bd2cc779 |
Body |
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Case Number |
Appeal NoXAR 27 of 1999 |
Decision Date |
Nov 24, 1999 |
Hearing Date |
|
Decision |
The appeal was dismissed as the termination of the employee's services was justified. The employee, a Chowkidar, was terminated due to the sale of the immovable property where he was posted. He was the junior most Chowkidar and failed to prove any mala fides on the part of the employer. The employer complied with the notice period and there was no violation of the Standing Orders. The decision of the Sindh Labour Court was upheld, confirming that there was no wrongful termination. |
Summary |
This case revolves around the termination of a Chowkidar's employment following the sale of the property where he was stationed. The employee contested the termination, claiming it was unjustified and based on mala fides due to his previous application for overtime wages. However, the Labour Appellate Tribunal found no evidence of wrongdoing by the employer. The court held that the employee was properly compensated for the notice period and that his position as the junior most Chowkidar did not entitle him to continued employment when the company no longer required his services. This case underscores the importance of adhering to company policies and the legal framework governing employment terminations. Keywords include: employment law, termination of service, industrial relations, standing orders, and workers' rights. |
Court |
Labour Appellate Tribunal, Sindh
|
Entities Involved |
Forbes Forbes Campbell & Company
|
Judges |
DR. TANZIL UR REHMAN,
MUHAMMAD JUMA
|
Lawyers |
Mr. Latif Saghar,
Mr. Masood Khan
|
Petitioners |
|
Respondents |
Messrs FORBES FORBES CAMPBELL & COMPANY
|
Citations |
2001 SLD 1585,
2001 PLC 183
|
Other Citations |
Not available
|
Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
Sections |
25 A,
37(3),
12(3),
13
|