| Case ID |
2ce0d85e-c522-4727-862b-a17641c4a925 |
| Body |
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| Case Number |
Writ Petition No. 75 of 1986 |
| Decision Date |
Feb 12, 1989 |
| Hearing Date |
Feb 12, 1989 |
| Decision |
The Peshawar High Court dismissed the writ petition filed by Saadat Khan against the N.W.F.P. Labour Appellate Tribunal's decision. The court held that the petitioner had become a permanent workman after completing more than nine months of service. However, it acknowledged that the Labour Appellate Tribunal had exclusive jurisdiction over the matter, and the mere fact that it may have arrived at an incorrect conclusion did not warrant the exercise of constitutional jurisdiction by the High Court. The court found that the petitioner was entitled to one month's wages as he was not given the required notice before termination, though it concluded that the Tribunal's decision did not exhibit any error in jurisdiction. Thus, the petition was dismissed without costs. |
| Summary |
In the case of Saadat Khan vs. N.W.F.P. Labour Appellate Tribunal, the Peshawar High Court examined the employment status of Saadat Khan, who was terminated from his position as a cook at the Pearl Continental Hotel. The court considered the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance and the Industrial Relations Ordinance. It was determined that Saadat Khan had satisfied the criteria to be classified as a permanent workman after completing over nine months of service. However, the court clarified that the Labour Appellate Tribunal had exclusive jurisdiction over the matter, which included the authority to determine the status of Saadat Khan's employment. The court ruled that although the Tribunal's decision may have been erroneous, it did not constitute grounds for intervention by the High Court. Ultimately, the court upheld the Tribunal's ruling while acknowledging the petitioner’s entitlement to one month’s wages due to the lack of notice provided prior to his termination. This case highlights the importance of adhering to procedural requirements in employment dismissals and reinforces the principle that exclusive forums maintain authoritative jurisdiction over employment disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
,
Pearl Continental Hotel
|
| Judges |
NAZIR AHMED BHATTI,
WALI MUHAMMAD KHAN
|
| Lawyers |
Maj. Fazal Akbar,
Hidayatullah Khan
|
| Petitioners |
SAADAT KHAN
|
| Respondents |
,
N.W.F.P. LABOUR APPELLATE TRIBUNAL
|
| Citations |
1989 SLD 2239,
1989 PLC 506
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
1,
12,
25-A,
38(3),
199
|