| Case ID |
1abb9a42-fe45-485d-a555-8c63ef90ba42 |
| Body |
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| Case Number |
KAR-192 of 1990 |
| Decision Date |
Mar 14, 1991 |
| Hearing Date |
Feb 28, 1991 |
| Decision |
The appeal was allowed, and the order of termination was set aside. The appellant was reinstated in service with full back benefits. The Labour Court's decision was found to be flawed due to the lack of explicit reasons provided in the termination order, which violated Standing Order 12(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The appellant's acceptance of wages did not preclude him from challenging the termination, as he was entitled to the wages for the period he served. The Tribunal emphasized that even temporary employees are protected under the law, and their termination must follow legal protocols. |
| Summary |
This case revolves around the appeal filed by Hamid Ahmad Khan against the termination of his temporary employment by M/s. Dawood Hosiery Mills. The Labour Appellate Tribunal assessed the legitimacy of the termination under the Industrial Relations Ordinance and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The Tribunal highlighted that the nature of employment, whether temporary or permanent, significantly influences workers' rights. The ruling emphasized the importance of explicit reasons for termination, which were not adequately provided in this case. The decision reiterates the protection afforded to workers, regardless of their employment status, ensuring they can contest unlawful terminations. The case also cites several precedents, reinforcing the interpretation of workers' rights in similar contexts. The keywords 'workers' rights', 'employment termination', 'Labour Appellate Tribunal', and 'Industrial Relations Ordinance' are crucial for understanding the implications of this ruling and its relevance in ongoing discussions about labor laws in Pakistan. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan International Airlines,
Sindh Labour Court No. V
|
| Judges |
AHMED ALI U. QURESHI,
HAMID AHMAD KHAN
|
| Lawyers |
Gohar Iqbal,
A. Hafiz
|
| Petitioners |
HAMID AHMAD KHAN
|
| Respondents |
M/s. Dawood Hosiery Mills, Karachi
|
| Citations |
1992 SLD 906 = 1992 PLC 665
|
| Other Citations |
Pakistan International Airlines v. Sindh Labour Court No. V and others PLD 1980 SC 323,
M/s. Dawood Hosiery Mills, Karachi v. Hazrat Muhammad Yousuf and others 1975 PLC 48,
Aitzaz Ahsan and others v. Chief Election Commissioner, Lahore PLD 1989 Lah. 1,
Pak Cement Company Limited, Iskandarabad v. Punjab Labour Appellate Tribunal and another 1990 PLC 233,
M/s. E.L.M. (Pakistan) Ltd. v. Syed Anwar Ali and others 1985 PLC 978,
Mirza Majeed Baig and others v. M/s. Futchally Chemicals Ltd. 1973 PLC 297,
Muhammad Pervaiz v. M/s. Exxon Chemicals (Pak) Ltd. 1984 PLC 786,
Rehman v. Sindh Labour Appellate Tribunal and others 1983 PLC 210,
Climax Engineering Company Ltd., Gujranwala v. Shabib Ahmed and another 1985 PLC 400,
General Manager, National Radio Telecommunication Corporation, Haripur v. Muhammad Aslam and others 1991 SCMR 86
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
2,
25-A,
S.O. 12(3)
|