| Case ID |
16d27b4a-d9d0-4452-b4f1-71908bb59f65 |
| Body |
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| Case Number |
RI-88 of 1983/Pb. |
| Decision Date |
Mar 27, 1983 |
| Hearing Date |
Mar 21, 1983 |
| Decision |
This appeal calls in question the decision dated 22-12-1982 passed by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi, whereby the penalties imposed upon the respondent were set aside and he was directed to be paid the wages for the period of suspension. The respondent contended that he did not willfully disobey the transfer order and that he was not relevant by the Municipal Magistrate. This evidence was not rebutted, and no suggestions were made during cross-examination regarding any detainment by the Municipal Magistrate. Consequently, the lower court did not act illegally in accepting the respondent's unrebutted statement. The learned lower Court rightly held the appellant as an industry relying upon 1981 P L C 474. The Municipal Corporation provides services for a fee, maintains water works, and supplies water on charge, which falls within the definition of a factory due to the water pumping manufacturing process. The penalties imposed upon the respondent were rightly set aside by the lower court. Based on these observations, the appeal lacks merit and is dismissed. |
| Summary |
In the case of MUNICIPAL CORPORATION, RAWALPINDI vs MATLOOB HUSSAIN SHAH adjudicated by the Labour Appellate Tribunal, Punjab on March 27, 1983, Appeal No. RI-88 of 1983/Pb., the appellant challenged the decision of the Punjab Labour Court No. 6, Rawalpindi, dated December 22, 1982. The lower court had set aside penalties imposed on the respondent, MATLOOB HUSSAIN SHAH, and directed the payment of wages for his suspension period. The respondent argued that he did not willfully disobey the transfer order under the Industrial Relations Ordinance (XXIII of 1969), specifically sections 2 (xiv) and 25-A, and that he was not subject to the Municipal Magistrate's authority. His defense was not challenged or rebutted during cross-examination, leading the lower court to accept his statement as valid. The Tribunal affirmed that the MUNICIPAL CORPORATION, RAWALPINDI qualifies as an industry under the ordinance, citing Section 1981 P L C 474. The corporation's role in maintaining water works and supplying water on charges aligns with the definition of a factory due to the water pumping manufacturing process. The penalties imposed on the respondent were deemed unjust and were rightly set aside by the lower court. The appellant's appeal lacked merit, leading to its dismissal. Key legal principles highlighted in this case include the interpretation of 'industry' within labor laws, the validity of penalties under the Industrial Relations Ordinance, and the procedural integrity in handling grievance petitions. The involvement of the court clerk, Sher Muhammad, as a representative for the appellant, underscores the administrative roles in legal proceedings. This judgment reinforces the standards for adjudicating employment-related disputes involving municipal entities and provides a precedent for future cases concerning labor regulations and municipal responsibilities. Additionally, the case references other legal precedents, such as 1981 P L C 474 rel., which further solidifies the legal framework applied in this context. The decision emphasizes the importance of uncontested evidence in legal judgments and the appellate tribunal's role in upholding lower court decisions when they are based on valid legal interpretations and unchallenged testimonies. Overall, this case contributes to the body of labor law jurisprudence by clarifying the scope of municipal corporations as industries and the application of labor penalties, thereby influencing future legal interpretations and administrative practices in Punjab's labor and municipal sectors. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
MUNICIPAL CORPORATION, RAWALPINDI,
MATLOOB HUSSAIN SHAH
|
| Judges |
MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
Not available
|
| Petitioners |
MUNICIPAL CORPORATION, RAWALPINDI
|
| Respondents |
MATLOOB HUSSAIN SHAH
|
| Citations |
1983 SLD 1783,
1983 PLC 854
|
| Other Citations |
1981 P L C 474 rel.
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2 (xiv),
25-A
|