Legal Case Summary

Case Details
Case ID 24f6196e-936a-438f-800d-e76fba5726e8
Body View case body.
Case Number KAR-183 of 1990
Decision Date Oct 21, 1990
Hearing Date Oct 21, 1990
Decision The appeal of the appellant, Muzaffar Ali Khan, against the termination of his service was dismissed, with the condition that the employer, Boots Company (Pak.) Ltd., must pay the appellant his dues and benefits up to the date of service of the termination notice. The court found that the appellant had worked as an Electrician on a temporary basis, which did not confer upon him the status of a permanent worker despite having served for more than nine months. The termination order was deemed effective from the date it was served during proceedings under section 25-A of the Industrial Relations Ordinance.
Summary In the case of Muzaffar Ali Khan vs. Boots Company (Pak.) Ltd., the Labour Appellate Tribunal of Sindh addressed the issue of employment status and termination under the Industrial Relations Ordinance and the Standing Orders. The appellant, Muzaffar Ali Khan, claimed that after serving as an Electrician for over nine months, he should be considered a permanent worker. However, the Tribunal upheld the employer's stance that his work was temporary in nature, and thus, he was not entitled to the rights of a permanent employee. The court emphasized the importance of the nature of work in determining employment status, referencing previous case law to support its decision. The ruling underscores critical considerations in labor law, particularly regarding employment contracts, termination, and workers' rights in Pakistan's industrial landscape.
Court Labour Appellate Tribunal, Sindh
Entities Involved MUZAFFAR ALI KHAN, BOOTS COMPANY (PAK.) LTD.
Judges AHMED ALI U. QURESHI
Lawyers Ibne Ayub, S. Qamruddin Hassan
Petitioners MUZAFFAR ALI KHAN
Respondents BOOTS COMPANY (PAK.) LTD.
Citations 1992 SLD 1205, 1992 PLC 1259
Other Citations Pakistan International Airlines v. Sindh Labour Court No.5 PLD 1980 SC 323, Muhammad Rauf v. Messrs Makran Fisheries Limited and another 1981 SCMR 631
Laws Involved Industrial Relations Ordinance (XXIII of 1969), West Pakistan Industrial and Commercial Employment (Standing Orders) Orders (VI of 1968)
Sections 25-A, 1(a)(b)