| Case ID |
1fed0fa1-a4c9-493a-ae0d-2fd9776755b7 |
| Body |
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| Case Number |
Appeals Nos. KAR-619 and 620 of 1980 |
| Decision Date |
Aug 10, 1981 |
| Hearing Date |
Aug 10, 1981 |
| Decision |
The Labour Appellate Tribunal upheld the Labour Court's decision, indicating that the appellants, engaged on a commission basis to serve food outside the Cafe, did not qualify as workmen under the Standing Orders. The Tribunal clarified that receiving commission does not exclude an individual from the definition of workman, as the terms 'hire or reward' encompass a wide range of compensation forms, not limited to regular wages. The Tribunal also addressed the issue of res judicata, concluding that prior decisions regarding the appellants' status as workmen were relevant to the current appeals. Consequently, the appeals were dismissed. |
| Summary |
This case revolves around the determination of whether individuals engaged on a commission basis for food service at a cafe qualify as 'workmen' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The Labour Appellate Tribunal concluded that commission-based compensation does not disqualify workers from being classified as workmen. This decision emphasizes the broad interpretation of 'hire or reward', allowing for various forms of remuneration, including commission. The case also highlights the principle of res judicata in industrial relations, confirming that previous rulings on the workman status are binding in subsequent applications. The decision affirms the importance of defining employment relationships in the context of labor laws, ensuring that individuals under disciplinary control of an employer, even if compensated through commissions, are entitled to protections under labor legislation. This ruling is significant for labor rights, impacting how commission-based work is interpreted legally, and sets a precedent for similar cases in the future. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
|
| Judges |
Z. A. Channa
|
| Lawyers |
S. P. Lodhi,
Syed Zamirul Hassan
|
| Petitioners |
Another,
Munir
|
| Respondents |
Messrs Cafe Dekhan, Karachi
|
| Citations |
1982 SLD 1471,
1982 PLC 307
|
| Other Citations |
Cooks v. Mayne (1893) L T 403,
R. v. Post Master General (1876) 1 Q B D 658,
Dharangadhara Chemical Works Ltd. v. State of Saurashtra (1957) 1 L L J (S C) 447,
Charity Aids Bus Service v. T. S. Narayane Swami (1954) 2 L L J 29,
Vaghan & Colliery v. Their Workmen (1962) 2 L L J 356
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Industrial Relations Ordinance, 1969
|
| Sections |
2(i),
25,
34
|