| Case ID |
227b3636-3735-4f87-a411-06b9789a5090 |
| Body |
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| Case Number |
D-438 of 1984 |
| Decision Date |
Nov 29, 1989 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the petition, declaring the denial of back benefits by the Sindh Labour Appellate Tribunal as without lawful authority. The court emphasized that the back benefits could not be denied based on alleged negligence not included in the original charge against the petitioner. The judgment reinforced that there must be a clear nexus between the denial of benefits and the actual earning capacity of the worker during the relevant period. The final ruling mandated that the petitioner was entitled to back benefits as the dismissal was found to be wrongful. |
| Summary |
In the case of Sindh High Court's Constitutional Petition No. D-438 of 1984, the court addressed the issue of back benefits following the wrongful dismissal of a bank cashier. The petitioner, Syed ASGHAR IMAM, challenged the decision of the Sindh Labour Appellate Tribunal which had reinstated him but denied back benefits due to alleged negligence not part of the original charges. The court highlighted that when a tribunal is empowered to make decisions, it must do so in accordance with legal standards, not merely based on what it deems just. The ruling emphasized the importance of establishing a connection between the denial of benefits and the worker's actual earnings during the dismissal period. This case sets a precedent regarding the rights of workers to receive back benefits following wrongful termination, ensuring that legal processes are adhered to, and that workers are not deprived of their entitlements without just cause. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, CJ,
ALLAH DINO MEMON, J
|
| Lawyers |
Khalid Javed,
Hamood M. Siddiqui
|
| Petitioners |
Syed ASGHAR IMAM
|
| Respondents |
2 others,
SINDH LABOUR APPELLATE TRIBUNAL
|
| Citations |
1990 SLD 1345,
1990 PLC 346
|
| Other Citations |
Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others P L D 1987 S C 447,
Pakistan through General Manager, P.W.R. Lahore v. Mrs. A.V. Issacs P L D 1970 S C 415,
Niaz Ali v. Punjab Urban Transport Authority, Lahore and 3 others P L D 1983 Lah. 661,
Textile Corporation of Pakistan Ltd. v. Sindh Labour Appellate Tribunal and another 1983 P L C 721,
Mehmood Shah v. Dawood Cotton Mills Ltd. and Sindh Labour Appellate Tribunal 1982 P L C 365
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|