| Case ID |
22a8579a-f290-4703-be66-0cf23492dd0a |
| Body |
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| Case Number |
Civil Appeals Nos. 544 to 550 of 1980 |
| Decision Date |
Dec 17, 1988 |
| Hearing Date |
Dec 17, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed all civil appeals filed by the Project Director of Karkhana Alaat-e-Zari against a judgment by the Lahore High Court, which reinstated employees dismissed from service for alleged misconduct. The Court held that the Labour Court had jurisdiction over the matter, affirming that the employees were workers under the Industrial Relations Ordinance and not public servants. The appellants' arguments that the employees fell under the definition of public servants were rejected, emphasizing that these employees engaged in skilled labor did not constitute the administration of the State. The decision reinforced the rights of workers to contest dismissals and seek reinstatement under labor laws. |
| Summary |
The Supreme Court of Pakistan delivered a significant judgment in the case of Project Director, Karkhana Alaat-e-Zari, Bahawalpur vs. The Presiding Officer, Punjab Labour Court, which addressed the jurisdiction of labor courts in relation to employees of a cooperative industrial establishment. The court ruled that the employees, charged with misconduct, were entitled to the protections under the Industrial Relations Ordinance, 1969, as they were classified as 'workers' rather than 'public servants.' The dismissal of the appeals confirmed the lower courts' findings and reinstated the employees, highlighting the importance of legal protections for workers in industrial settings. This case sets a precedent for labor rights and the interpretation of 'administration of State' within the context of labor laws, ensuring that skilled workers in cooperative enterprises are afforded the same rights as those in traditional industries, thereby reinforcing the framework of labor law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Punjab Labour Court,
Karkhana Alaat-e-Zari, Bahawalpur
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR REHMAN,
USMAN ALI SHAH, J.
|
| Lawyers |
Mian, Saeedur Rahman, Advocate Supreme Court,
M. Nawaz Abbasi, A.A.-G.(Pb.),
M.Yousaf Khan, Advocate-on-Record,
K. E. Bhatti, Advocate-on-Record,
Mr. Bilal, Advocate Supreme Court,
Mmizoor Elahi, Advocate-on-Record,
Manzoor, Advocate-on-Record
|
| Petitioners |
PROJECT DIRECTOR, KARKHANA ALAATEZARI, BAHAWLPUR
|
| Respondents |
Respondent No. 3,
Respondent No. 1,
Respondent No. 2,
Respondent No. 7,
THE PRESIDING OFFICER, PUNJAB LABOUR COURT
|
| Citations |
1989 SLD 894,
1989 PLD 152
|
| Other Citations |
Sind Road Transport Corporation v. District Manager, Karachi Omnibus Service 1975 PLC 361,
Mechanical Engineer. S.M.D., Sukkur and others v. Andrew John and others PLD 1978 Kar. 503,
Workers' Union v. Sind Government Press, Karachi 1980 PLC 244
|
| Laws Involved |
Industrial Relations Ordinance XIII of 1969,
Constitution of Pakistan (1973),
West Pakistan Co-operative Board (Dissolution) Act (11 of 1966),
Penal Code (XLV of 1860)
|
| Sections |
2(xxviii),
Art.185(3),
9,
21
|