| Case ID |
173add37-0dde-46fb-80df-6778497f6ae3 |
| Body |
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| Case Number |
Kar-126 of 1984 |
| Decision Date |
Dec 08, 1986 |
| Hearing Date |
Dec 08, 1986 |
| Decision |
The appeal was dismissed on the grounds that the termination of the appellant's employment was justified due to the completion of the project. The Labour Court found no evidence of unfair labor practices or victimization. The appellant's claim that juniors were retained while he was retrenched was not substantiated as this argument was not presented in the initial grievance notice or petition. The court upheld that the procedures followed by the respondent establishment were in accordance with the law. |
| Summary |
In the case before the Labour Appellate Tribunal of Sindh, the appellant, a typist employed by Messrs NATIONAL CONSTRUCTION Ltd., challenged his termination following the completion of the Hot Strip Mills Project at Pakistan Steel, Karachi. The appellant alleged that his termination was mala fide and that he was victimized due to his trade union activities. However, the Tribunal upheld the Labour Court's decision, confirming that the termination was legitimate and based on project completion. The appellant's claims regarding unfair labor practices were dismissed due to lack of evidence and failure to raise pertinent issues in the grievance process. This ruling emphasizes the importance of procedural correctness in labor disputes and affirms the rights of employers to terminate employment based on project needs. The case highlights significant aspects of the Industrial Relations Ordinance, particularly sections concerning employee rights and retrenchment processes, making it a pivotal reference for labor law practitioners and advocates in similar disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
NATIONAL CONSTRUCTION Ltd.
|
| Judges |
ALI NAWAZ BUDHANI,
SIKANDAR ALI SOOMRO
|
| Lawyers |
Latif Saghar,
Nemo
|
| Petitioners |
|
| Respondents |
Messrs NATIONAL CONSTRUCTION Ltd.
|
| Citations |
1987 SLD 1420,
1987 PLC 897
|
| Other Citations |
1975 P L C 32,
1975 P L C 196,
P L D 1979 Kar. 490,
1981 PLC 610,
1982 P L C 582,
1984 P L C 61
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|