Case ID |
177e8047-9d9c-4c93-8bc5-a110468cb23b |
Body |
View case body. Login to View |
Case Number |
KAR-13 of 1981 |
Decision Date |
Mar 31, 1981 |
Hearing Date |
Mar 31, 1981 |
Decision |
The appellant, Abdul Razzak, was employed as a permanent workman earning Rs. 25 per day with MESSRS National Shipping Agency Ltd., Karachi. He was laid off effective from January 5, 1978, and subsequently filed a grievance petition before the Labour Court on May 10, 1978. The Labour Court dismissed his petition, asserting that as a watchman not performing any manual or clerical duties, Abdul Razzak was not classified as a workman under the Standing Orders, thereby rendering his grievance petition ineligible. Additionally, the court found the grievance notice to be time-barred, as it was submitted more than three months after his layoff. The appellant appealed this decision to the Labour Appellate Tribunal, Sindh. The Tribunal upheld the Labour Court's ruling, referencing precedent cases which established that employees solely performing security duties do not qualify as workmen entitled to maintain grievance petitions under the relevant ordinances. Furthermore, the Tribunal confirmed that the grievance notice was filed outside the mandated three-month period, invalidating the petition. Consequently, the Tribunal dismissed the appeal, affirming the legal stance on employee classification and procedural compliance in grievance redressal within labour laws. |
Summary |
In the 1981 case of Abdul Razzak versus Messrs National Shipping Agency Ltd., Karachi, the Labour Appellate Tribunal, Sindh, examined the legitimacy of Abdul Razzak's grievance petition following his layoff from January 5, 1978. Represented by Ashraf Hussain Rizvi, Razzak argued that his termination was unjust under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) and the Industrial Relations Ordinance (XXIII of 1969). The Tribunal, presided over by Judge Z. A. Channa, scrutinized whether Razzak, employed solely as a watchman without performing manual or clerical tasks, qualified as a workman eligible to file a grievance petition. Citing precedent cases such as Badar Zaman Khan v. Messrs Pifzers Laboratories Ltd. and Messrs Abro Salt & Chemical Works v. Chairman, Second West Pakistan Industrial Court, Karachi, the Tribunal concluded that Razzak did not meet the criteria for being classified as a workman under the Standing Orders. Furthermore, the grievance notice was filed beyond the mandatory three-month period from the date of layoff, rendering it invalid. The Tribunal emphasized the importance of precise employee classification and adherence to procedural timelines in labor disputes. By dismissing the appeal, the decision reinforced existing labor law interpretations, underscoring that employees in non-manual roles like watchmen are not entitled to grievance petitions under the specified ordinances unless they engage in additional skilled or unskilled labor. This case serves as a pivotal reference for legal professionals and organizations in understanding employee rights and the procedural requirements for lodging grievances within the framework of Pakistani labor laws. |
Court |
Labour Appellate Tribunal, Sindh
|
Entities Involved |
MESSRS NATIONAL SHIPPING AGENCY LTD., KARACHI
|
Judges |
Z. A. CHANNA, APPELLATE TRIBUNAL
|
Lawyers |
Ashraf Hussain Rizvi,
N. R. Dubash
|
Petitioners |
ABDUL RAZZAK
|
Respondents |
MESSRS NATIONAL SHIPPING AGENCY LTD., KARACHI
|
Citations |
1981 SLD 2294,
1981 PLC 549
|
Other Citations |
Badar Zaman Khan v. Messrs Pifzers Laboratories Ltd.,
Messrs Abro Salt & Chemical Works v. Chairman, Second West Pakistan Industrial Court, Karachi
|
Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
Sections |
S. 2 (i),
S. O. 12 (3),
S. 25-A
|