| Case ID |
234eed34-2e0b-428a-b698-c8b20a10b47e |
| Body |
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| Case Number |
Writ Petition No. 5378 of 1984 |
| Decision Date |
Dec 22, 1984 |
| Hearing Date |
|
| Decision |
The court concluded that the employee, despite accepting dues related to past services, did not forfeit the right to challenge his termination. The acceptance of payment for services rendered does not imply acceptance of dismissal. The decision of the lower tribunal was upheld, allowing the employee to pursue his grievance regarding the termination of his service. The court emphasized that employees cannot be prejudiced for accepting their earned wages while disputing wrongful termination. |
| Summary |
In the case of Writ Petition No. 5378 of 1984, the Lahore High Court examined the rights of employees under the Industrial Relations Ordinance (1969) concerning termination of service. The petitioner, Climax Engineering Company Ltd., terminated the services of the respondent, Shabib Ahmad, citing misconduct for refusing to accept the termination memo. The court found that even after receiving his dues, the respondent retained the right to challenge the termination. The court ruled that accepting payment for services rendered does not imply acceptance of the termination, thereby reinforcing employee rights. This case highlights the delicate balance between employer authority and employee rights, emphasizing that financial acceptance does not negate the ability to contest wrongful termination. The ruling aligns with previous jurisprudence, ensuring protections for workers against unfair dismissal practices. Keywords such as 'employee rights', 'termination of service', and 'industrial relations' are critical in understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
CLIMAX ENGINEERING COMPANY LTD.,
SHABIB AHMAD
|
| Judges |
ABDUL SHAKURUL SALAM,
MUHAMMAD ASLAM MIAN
|
| Lawyers |
Sheikh Ezad Masood
|
| Petitioners |
CLIMAX ENGINEERING COMPANY LTD., GUJRANWALA
|
| Respondents |
another,
SHABIB AHMAD
|
| Citations |
1985 SLD 1830,
1985 PLC 400
|
| Other Citations |
Futehally Chemicals Ltd. , Karachi 1973 P L C 297,
1981 PLC 670,
1982 P L C 652,
1983 P L C 644,
1984 PLC 786
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Provisional Constitution Order (I of 1981)
|
| Sections |
25-A,
Art. 9
|