| Case ID |
2c9021eb-3444-4a63-b35e-8eeaf6e84274 |
| Body |
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| Case Number |
Kar-265 of 1980 |
| Decision Date |
Feb 15, 1989 |
| Hearing Date |
|
| Decision |
The appeal was allowed, setting aside the order of the learned Labour Court, which had previously reinstated the respondent, Mirajulabedin. The Tribunal found that the termination of services was lawful under Section 25-A of the Industrial Relations Ordinance, 1969, as proper notice was served, and the absence of the worker was not sufficiently justified. The Tribunal emphasized that the medical certificate presented by the worker was suspect, and the evidence did not substantiate claims of victimization. The management's obligation to keep informed of the employee's whereabouts was highlighted, and the respondent's failure to do so was deemed to impede the process of notice and inquiry. The case underscores the importance of adhering to procedural requirements in labor disputes, where the burden of proof lies with the worker to substantiate claims of wrongful termination. |
| Summary |
In the case of Pakistan Steel Mills Corporation Ltd. vs. Mirajulabedin, the Labour Appellate Tribunal of Sindh examined the legality of the termination of the worker's services. The respondent had been absent without leave and contested the termination based on a medical certificate citing typhoid. However, the Tribunal found the certificate to be suspicious as it was not substantiated by the examining doctor. The Tribunal ruled that the notice of termination was properly served, and the absence was not justified, thus upholding the employer's right to terminate under the Industrial Relations Ordinance. This case serves as a critical precedent in labor law, emphasizing the need for clear communication and the responsibility of workers to maintain updated contact information with their employers. It highlights the balance between employee rights and employer obligations in labor relations, an essential aspect for both practitioners and scholars in the field. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Kamal Mansoor Ahim,
Shafique Qureshi
|
| Petitioners |
PAKISTAN STEEL MILLS CORPORATION LTD.
|
| Respondents |
MIRAJULABEDIN
|
| Citations |
1989 SLD 1789,
1989 PLC 558
|
| Other Citations |
P L D 1981 SC 225
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|