| Case ID |
20265ef4-8162-4b8b-ad7e-1d57e1a13275 |
| Body |
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| Case Number |
KAR.177 of 1998 |
| Decision Date |
Jan 11, 1999 |
| Hearing Date |
Dec 24, 1998 |
| Decision |
The appeal was dismissed as the evidence presented did not support the claim of forced resignation. The appellant failed to provide any written documentation or complaints regarding the alleged coercion. The Labour Court found that the resignation was voluntary, as the appellant had not substantiated his claims with credible evidence. The court concluded that the grievance petition was rightly dismissed. |
| Summary |
In the case of Shafiq Ahmed vs. Messrs Karachi Sheraton Hotel, the Labour Appellate Tribunal addressed the issue of alleged forced resignation under the Industrial Relations Ordinance. The appellant, a former waiter, claimed that his resignation was obtained under duress by the Security Officer, who allegedly detained him for two and a half hours. However, the Tribunal found no evidence of coercion, as the appellant did not submit any written complaints or evidence to support his claims. The decision emphasizes the importance of documenting grievances and the necessity of filing complaints with relevant authorities. The court's ruling highlights the legal standards for proving forced resignation and the burden of proof resting on the employee in such cases. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Sheraton Hotel,
Security Officer
|
| Judges |
DR. TANZIL UR REHMAN
|
| Lawyers |
M.A. K. Azmati,
Mehmood Abdul Ghani
|
| Petitioners |
SHAFIQ AHMED
|
| Respondents |
2 others,
MESSRS KARACHI SHERATON HOTEL THROUGH CHIEF EXECUTIVE/GENERAL MANAGER
|
| Citations |
2000 SLD 585,
2000 PLC 310
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25 A
|