| Case ID |
17e0a413-a312-45b0-9a93-6e3499213e23 |
| Body |
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| Case Number |
KAR-129 of 1984 |
| Decision Date |
Feb 10, 1987 |
| Hearing Date |
|
| Decision |
The appeal filed by HAMEEDULLAH KHAN against the impugned order dated 31-3-1984, which dismissed his grievance petition under section 25-A of the Industrial Relations Ordinance, was allowed. The tribunal found that the appellant was indeed a 'workman' under the relevant laws despite his managerial title. His termination was ruled as unjustified, based on findings that it was motivated by mala fide intentions rather than legitimate business needs, particularly as the claim of 'abolition of post' was not substantiated. The tribunal ordered reinstatement with 50% back benefits, emphasizing that the quantum of salary does not negate a person's status as a workman. |
| Summary |
This case revolves around the employment status of HAMEEDULLAH KHAN, who was terminated from his position as Manager Imports at HOTEL INTERCONTINENTAL. The Labour Appellate Tribunal, Sindh, adjudicated the appeal against the dismissal of his grievance petition by the Labour Court. The tribunal established that despite the managerial designation, the nature of his duties was clerical and manual, aligning him with the definition of a 'workman' under the applicable laws. The termination was deemed to be a result of personal animosity from the General Manager, rather than a legitimate business decision. The decision reinforced that an employee's salary does not disqualify them from being recognized as a workman, thereby ensuring protection under labour laws. The ruling highlights the importance of fairness in employment practices and the role of courts in safeguarding workers' rights. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
HOTEL INTERCONTINENTAL
|
| Judges |
ALI NAWAZ BUDHANI,
HAMEEDULLAH KHAN
|
| Lawyers |
S.P. Lodhi,
Rafat Usmani
|
| Petitioners |
HAMEEDULLAH KHAN
|
| Respondents |
another,
HOTEL INTERCONTINENTAL
|
| Citations |
1990 SLD 1448,
1990 PLC 542
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2(i),
12(3),
25,
25-A,
38(3)
|