| Case ID |
1ffb168e-7208-4cac-9ed8-427a4f086be8 |
| Body |
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| Case Number |
Civil Appeals Nos.489 and 490 of 1994 |
| Decision Date |
May 20, 1999 |
| Hearing Date |
May 13, 1999 |
| Decision |
The Supreme Court of Pakistan allowed the appeals and restored the order of the Labour Appellate Tribunal, confirming that the appellants were deemed to be 'permanent workmen' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The Court determined that the nature of the work performed by the appellants was permanent and exceeded the nine-month threshold, despite being labeled as temporary in their appointment letters. The ruling emphasized that the actual nature of employment, rather than the formal title, dictates the classification of workmen as permanent or temporary. The Court's decision reinstated the Labour Appellate Tribunal's findings and rejected the High Court's reversal of these findings. |
| Summary |
In the case of Izhar Ahmed Khan and another vs. Punjab Labour Appellate Tribunal, Lahore, the Supreme Court of Pakistan addressed the classification of workmen as permanent or temporary under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The appellants, who were initially appointed as Delivery Assistants, contested their termination, arguing that their continuous employment for over nine months should classify them as permanent workmen. The Court analyzed the definitions provided in the Ordinance, concluding that the nature of work and the duration of employment were critical in determining their status. The Supreme Court reinstated the Labour Appellate Tribunal's decision, underlining the importance of recognizing the actual nature of employment over nominal designations. This case highlights significant principles regarding employment rights, labor laws, and judicial interpretations that affect workers' classifications in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Saidozzaman Siddiqui,
Sh. Ijaz Nisar,
Kamal Mansur Alam
|
| Lawyers |
Farooq Zaman Qureshi,
Sh. Masood Akhtar
|
| Petitioners |
another,
Izhar Ahmed Khan
|
| Respondents |
others,
Punjab Labour Appellate Tribunal, Lahore
|
| Citations |
1999 SLD 531,
1999 SCMR 2557
|
| Other Citations |
Pakistan International Airlines v. Sindh Labour Court No.5 PLD 1980 SC 323,
Messrs Pakistan National Produce Company Ltd., Shikarpur v. Nawab Ali Budhani and another 1990 PLC 585,
Abdul Hameed Kiranvi v. Sindh Labour Appellate Tribunal and others 1990 PLC 213
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
S.O.1(b)(c),
S. 38,
Art. 185,
Art. 199
|