| Case ID |
175fe26d-e2e8-4ef0-a997-4ac4a6823303 |
| Body |
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| Case Number |
KAR 108 of 2000 |
| Decision Date |
Mar 14, 2001 |
| Hearing Date |
Feb 28, 2001 |
| Decision |
In the appeal numbered KAR 108 of 2000, the Labour Appellate Tribunal in Sindh reviewed the case of Mrs. Talat Yazdani, a teacher employed by CITY SCHOOL, who filed a grievance petition against her removal from service. The tribunal meticulously examined whether Mrs. Yazdani's role as a teacher falls under the definitions provided by the Industrial Relations Ordinance of 1969 and the West Pakistan Industrial and Commercial Employment Standing Orders Ordinance of 1968. The core issue centered on whether teaching constitutes manual or clerical work, thereby qualifying her as a workman entitled to the protections and benefits under the mentioned ordinances. The tribunal concluded that teaching is predominantly an intellectual profession requiring mental acuity and capacity, with any manual or clerical tasks being merely incidental to the primary responsibilities. Citing several precedent cases, including 1990 PLC 675 and PLD 1988 SC 180, the tribunal affirmed that teachers are not classified as workmen within the context of these ordinances. Consequently, the decision of the Sindh Labour Court No.1, Karachi, which favored Mrs. Yazdani, was set aside, and the appeal was allowed in favor of CITY SCHOOL. The judgment underscores the distinction between intellectual professions and roles involving substantial manual or clerical work, emphasizing the importance of defining employment categories accurately within labour laws. |
| Summary |
In the landmark case KAR 108 of 2000, adjudicated by the Labour Appellate Tribunal in Sindh, the legal status of teachers within labor laws was scrutinized. CITY SCHOOL, represented by Advocate Shahid Anwar Bajwa, appealed against the removal of Mrs. Talat Yazdani, contending that her role as a teacher did not classify her as a workman under the Industrial Relations Ordinance of 1969 and the West Pakistan Industrial and Commercial Employment Standing Orders Ordinance of 1968. The core legal debate revolved around whether teaching is considered manual or clerical work, which would entitle Mrs. Yazdani to protections and benefits reserved for workmen. The tribunal, led by Chairman Munawar Ali Khan, reviewed historical case laws, including 1990 PLC 675 and PLD 1988 SC 180, to determine the nature of teaching roles. It was emphasized that while teachers may perform tasks such as writing on blackboards or grading papers, these activities are ancillary to their primary intellectual duties of imparting knowledge and facilitating learning. The tribunal concluded that teaching requires significant mental effort and creativity, distinguishing it from manual or clerical work. Consequently, Mrs. Yazdani was not deemed a workman under the cited ordinances, leading to the dismissal of her grievance petition and upholding the school's decision to terminate her services. This decision has profound implications for educational institutions and the classification of academic roles within labor laws, highlighting the necessity for clear definitions to ensure appropriate legal protections and obligations. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
CITY SCHOOL,
Sindh Labour Court No.1, Karachi
|
| Judges |
Munawar Ali Khan
|
| Lawyers |
Shahid Anwar Bajwa for Appellants,
Abrar Bukhari for Respondent
|
| Petitioners |
CITY SCHOOL through Assistant Manager Administration E 31, Karachi and others
|
| Respondents |
Mrs. TALAT YAZDANI
|
| Citations |
2001 SLD 2217,
2001 PLC 468
|
| Other Citations |
1990 PLC 675,
Appeal No. KAR 76 of 1997,
1981 PLC 403,
PLD 1988 SC 180
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
2(xxviii),
25 A,
2(i)
|