| Case ID |
25d7d463-7bf9-4701-8348-6cb8fc3c55f0 |
| Body |
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| Case Number |
KAR-59 of 1987 |
| Decision Date |
Aug 25, 1987 |
| Hearing Date |
Aug 25, 1987 |
| Decision |
The appeal filed by the appellants against the order of the Sind Labour Court No. 1, Karachi, was dismissed. The Labour Court had previously allowed the grievance petition of the respondent, Israr Ahmad Khan, under section 25-A of the Industrial Relations Ordinance, directing his re-instatement in service with full back benefits. The appellant's claims regarding the temporary nature of the respondent's appointment were not substantiated by sufficient evidence. The evidence presented indicated a pattern of wrongful termination, suggesting an intention by the appellants to dismiss the respondent without just cause. The decision of the Labour Court was upheld, and the respondent was directed to be re-instated with a modification to receive fifty percent of back benefits after proper verification. |
| Summary |
This case involves the Labour Appellate Tribunal's decision regarding the termination of Israr Ahmad Khan, a Telephone Operator, under the Industrial Relations Ordinance of 1969. The tribunal upheld the Labour Court's ruling which reinstated Khan after determining that his termination lacked just cause. The appellants argued that his appointment was temporary and could be terminated without reason, but the tribunal found insufficient evidence to support this claim. This case highlights key concepts in labor law, particularly the rights of workers against arbitrary termination and the importance of clear contractual terms. The decision reinforces the legal protections available to employees under the Industrial Relations Ordinance, emphasizing the tribunal's role in ensuring fair treatment in employment. Keywords include 'Labour law', 'employee rights', 'arbitrary termination', 'Industrial Relations Ordinance', 'legal protections for workers', 'Sindh Labour Court', 'reinstatement of employees'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Izhar Alam Farooqi
|
| Petitioners |
,
SECRETARY, MINISTRY OF COMMUNICATION, ISLAMABAD
|
| Respondents |
ISRAR AHMAD KHAN
|
| Citations |
1988 SLD 1042,
1988 PLC 389
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A,
38(3)
|