| Case ID |
1f102331-d7d2-42d0-bf1f-1d347a9130f7 |
| Body |
View case body. Login to View |
| Case Number |
4(5) of 1995 |
| Decision Date |
Jun 27, 1995 |
| Hearing Date |
|
| Decision |
The petition filed by Mr. Amir Nawab, claiming to be an employee of Habibullah Mines, was dismissed by the National Industrial Relations Commission. The Commission found that the petitioner was not a workman under the definition provided in the Industrial Relations Ordinance, 1969. The petitioner had entered into a contract for excavation work, which was deemed a civil matter rather than an employment relationship. The claim of unfair labor practice was also found to be lacking, leading to the conclusion that the Commission lacked jurisdiction to hear the case. Therefore, the petition was dismissed without any further proceedings. |
| Summary |
This case revolves around a dispute between Amir Nawab, who claimed to be an employee of Habibullah Mines, and the company itself. Mr. Nawab alleged that the company unlawfully closed its operations, which he argued constituted unfair labor practices under the Industrial Relations Ordinance, 1969. However, the National Industrial Relations Commission determined that Mr. Nawab was not a workman as defined by the law, but rather a contractor based on a civil contract for excavation work. The Commission found that the contract affirmed the civil nature of the agreement, negating Mr. Nawab's claims of employee status. Additionally, the elements necessary to invoke the Commission's jurisdiction regarding unfair labor practices were not present, leading to the dismissal of the petition. This case highlights the importance of clearly defining employment relationships and the jurisdictional boundaries of labor commissions. Keywords: Industrial Relations, Employment Law, Labor Disputes, Contractor vs Employee, Jurisdiction, Unfair Labor Practices, Legal Proceedings. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Habibullah Mines (Pvt.) Limited
|
| Judges |
Gohar Yaqoob Yousaf Zai
|
| Lawyers |
Not available
|
| Petitioners |
Amir Nawab
|
| Respondents |
Habibullah Mines (Pvt.) Limited
|
| Citations |
1996 SLD 262,
1996 PLC 37
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
2(xxviii),
15,
16,
22-A(8)(g)
|