| Case ID |
2b8328d3-cac1-4010-957d-613e0d9da07d |
| Body |
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| Case Number |
HYD-185 of 2010 (L.A.6 of 2006) |
| Decision Date |
Sep 10, 2012 |
| Hearing Date |
|
| Decision |
The appeal by Army Welfare Sugar Mills was dismissed, affirming the Labour Court's decision to allow the grievance petition of the employee, Abdul Sattar. The Tribunal found that the resignation of the employee was not voluntary and was obtained under duress through threats of transfer to a distant location. The Tribunal noted that the management's actions were driven by mala fides as they attempted to eliminate the Trade Union by transferring its members. The Tribunal held that the grievance notice served by the employee was within the permissible timeframe, and thus the Labour Court's order was upheld, directing the management to comply with the Labour Court's order within thirty days. |
| Summary |
In the case of Army Welfare Sugar Mills vs. Abdul Sattar, the Labour Appellate Tribunal of Sindh examined the forced resignation of an employee amid management efforts to eliminate a Trade Union. The Tribunal found that the employer's actions were motivated by mala fides, as they only transferred union office bearers while attempting to intimidate others into resigning. The Tribunal upheld the Labour Court's decision that the grievance notice was timely, dismissing the management's claims of voluntary resignation. This case highlights the importance of protecting workers' rights and the role of unions in safeguarding against employer abuses. Key terms include 'Labour Relations', 'Forced Resignation', and 'Trade Union Rights'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Army Welfare Sugar Mills,
Nizampur Cement Project
|
| Judges |
ALI MUHAMMAD BALOCH
|
| Lawyers |
Mr. Ghulam Murtaza Saryo,
Mr. Bashir Ahmed
|
| Petitioners |
ARMY WELFARE SUGAR MILLS, BADIN
|
| Respondents |
ABDUL SATTAR
|
| Citations |
2013 SLD 1790 = 2013 PLC 266
|
| Other Citations |
1992 SCMR 2169
|
| Laws Involved |
Industrial Relations Act (IV of 2001)
|
| Sections |
41,
55
|