| Case ID |
1795fc47-18f7-49a0-8ea2-6b25615d6fd8 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 112 of 1995 |
| Decision Date |
Dec 04, 1995 |
| Hearing Date |
|
| Decision |
The Peshawar High Court, presided over by Justices Mian Muhammad Ajmal and Zeenat Khan, dismissed the writ petition filed by Messrs Sartaj Flour Mills (Pvt.) Ltd. The petitioner sought to declare the judgments of the Labour Court and the Labour Appellate Tribunal as illegal and without authority. The court thoroughly examined the applicability of the Industrial Relations Ordinance of 1969 and the Payment of Wages Act of 1936, determining that the respondent, Ahmad Din, qualified as a workman under the ordinance. The Labour Court had correctly adjudicated the grievance petition, affirming Din's entitlement to gratuity. The High Court found no jurisdictional flaws in the lower courts' decisions and dismissed the petition, upholding the Labour Court's authority in matters pertaining to employment disputes and gratuity payments. |
| Summary |
In the landmark case of Writ Petition No. 112 of 1995, adjudicated by the Peshawar High Court on December 4, 1995, the petitioner, Messrs Sartaj Flour Mills (Pvt.) Ltd. Havelian, challenged the Labour Court's and Labour Appellate Tribunal's decisions regarding the dismissal and gratuity entitlements of their employee, Ahmad Din. The court meticulously analyzed the Industrial Relations Ordinance of 1969, particularly sections 2(xxviii) and 25-A, establishing that Ahmad Din was indeed a workman eligible to invoke the Labour Court's jurisdiction. The court also examined the Payment of Wages Act of 1936, concluding that the Labour Court had the authority to adjudicate on the gratuity payments, contrary to the petitioner's claims that such matters fell under different legal provisions. The High Court upheld the decisions of the lower tribunals, affirming the proper application of labor laws and dismissing the petition. This case underscores the judiciary's role in upholding labor rights and the correct interpretation of employment laws in Pakistan, ensuring fair treatment of employees and adherence to legal protocols in employment disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Messrs SARTAJ FLOUR MILLS (PVT.) LTD HAVELIAN, TEHSIL AND DISTRICT ABBOTTABAD,
Labour Court, Haripur,
Labour Appellate Tribunal, N.-W.F.P., Peshawar
|
| Judges |
MIAN MUHAMMAD AJMAL,
ZEENAT KHAN
|
| Lawyers |
Not available
|
| Petitioners |
Messrs SARTAJ FLOUR MILLS (PVT.) LTD HAVELIAN, TEHSIL AND DISTRICT ABBOTTABAD through Manager
|
| Respondents |
2 others,
AHMAD DIN
|
| Citations |
1996 SLD 471,
1996 PLC 353
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIH of 1969),
Industrial Relations Ordinance (XXIII of 1969),
Payment of Wages Act (IV of 1936),
Constitution of Pakistan (1973)
|
| Sections |
2(xxviii),
25-A,
2(viii),
2(xxviii),
25-A,
35,
38,
15,
17,
22,
199
|