| Case ID |
1b426d2b-b9d5-4aa1-97af-aafd29bc9ab2 |
| Body |
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| Case Number |
Appeals No.FD-645 to 647 of 1986 |
| Decision Date |
Dec 08, 1986 |
| Hearing Date |
|
| Decision |
The three appeals were decided together due to the similar nature of the cases. The appellants' argument that the work was not of a permanent nature was considered. However, the Tribunal found that the respondents had been terminated and re-employed in a manner that suggested an attempt to avoid granting them permanent status. The Tribunal ultimately ruled that the terminations were not valid and ordered the reinstatement of the respondents with back benefits from the appropriate dates. |
| Summary |
In the case of KAKAKHEL INDUSTRIES LTD. against MUHAMMAD ARSHAD, the Labour Appellate Tribunal addressed the issue of wrongful termination under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The Tribunal examined the nature of employment of the respondents, who were repeatedly terminated and re-employed. The Tribunal concluded that the repeated re-employment created a presumption of continuous service, thereby granting the respondents the status of permanent employees. This decision emphasizes the importance of lawful termination processes and protects workers from arbitrary dismissals. The case reaffirms workers' rights and the necessity of adherence to legal standards in employment practices, which is crucial in today's evolving labor market. The ruling also highlights the necessity for employers to provide valid grounds for termination, ensuring compliance with labor laws. This case serves as a precedent for similar future disputes, reinforcing the legal protections available to employees in Pakistan's labor sector. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
|
| Judges |
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
Asadullah Siddiqi,
Malik Muhammad Saleem,
M. A. Javed
|
| Petitioners |
KAKAKHEL INDUSTRIES LTD. FAISALABAD THROUGH ITS MANAGING DIRECTOR /PERSONNEL MANAGER/FACTORY MANAGER
|
| Respondents |
MUHAMMAD ARSHAD
|
| Citations |
1988 SLD 532,
1988 PLC 251
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
S.O.1(b),
S.O.12
|