| Case ID |
218f1ec0-a8c3-40ae-8135-5f72d5124e5e |
| Body |
View case body. Login to View |
| Case Number |
Appeals Nos. SUK-322 to 324 of 1982 |
| Decision Date |
Dec 22, 1982 |
| Hearing Date |
Dec 22, 1982 |
| Decision |
The Labour Appellate Tribunal set aside the Labour Court's decision that had granted reinstatement with back benefits to the respondents. The Tribunal found that there was no enforceable right under the law for the respondents to claim re-employment based on a notice inviting applications for reinstatement. The Tribunal remanded the case back to the Labour Court for a fresh decision, instructing it to determine whether the conditions of employment on daily wages were properly administered and whether any formal termination orders were issued. The Labour Court was directed to expedite its proceedings and reassess the evidence regarding the respondents' claims for reinstatement. |
| Summary |
This case revolves around the grievances of three bus conductors employed by the Sind Road Transport Corporation (S.R.T.C.) who were retrenched due to economic reasons. The Tribunal examined the legality of their termination and the subsequent claims for reinstatement following a notice published by the S.R.T.C. inviting applications for re-employment. The Tribunal highlighted that the notice did not confer any legal right for reinstatement under the Industrial Relations Ordinance. The decision emphasized the need for a formal termination order for those temporarily employed on daily wages, as per the standing orders. The key factors considered included the nature of the appointment, the process of application for reinstatement, and the adherence to legal protocols in terminating employment. The outcome underscores the importance of proper documentation and adherence to employment laws in cases of retrenchment and re-employment. Key terms: Industrial Relations Ordinance, S.R.T.C., reinstatement, grievance petitions, employment law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Labour Court,
SIND ROAD TRANSPORT CORPORATION
|
| Judges |
Z. A. CHANNA
|
| Lawyers |
Shaikh Abdul Ghani,
Hasan Hameedi
|
| Petitioners |
SIND ROAD TRANSPORT CORPORATION, HYDERABAD
|
| Respondents |
Muhammad Saleh,
ATTA MUHAMMAD,
ILLahi Bux
|
| Citations |
1983 SLD 1894,
1983 PLC 1029
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
25-A,
37,
12(3),
13
|