| Case ID |
2cffeff0-644a-4d22-a650-cec394153301 |
| Body |
View case body. Login to View |
| Case Number |
Labour Appeal No.6 of 2013 |
| Decision Date |
Sep 17, 2013 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal upheld the decision of the Labour Court which granted the employee, Khalid Shamim, entitlement to his salary during the suspension period from June 25, 2005, to December 12, 2006. The Tribunal found that the suspension order remained intact during this period and that the employee was neither terminated nor subjected to disciplinary proceedings during his suspension. The objections raised by the counsel for the employers regarding the merging of the suspension order into the termination order were dismissed. The Tribunal emphasized that the employee was entitled to full salary and benefits as a government servant during his suspension, and the Labour Court's order was deemed justified and upheld. |
| Summary |
This case revolves around the entitlement of an employee's salary during suspension and subsequent termination. Khalid Shamim, an Assistant Engineer at Pakistan Telecommunication Company Limited (PTCL), was suspended after being unable to attend work due to illness and legal issues involving NAB. His salary was stopped, and he was later terminated. The Labour Court ruled in favor of Shamim, stating he was entitled to his salary during suspension, which was upheld by the Labour Appellate Tribunal. The Tribunal clarified that an employee under suspension should receive full salary and benefits, as per the Balochistan Industrial Relations Act and relevant standing orders. This case highlights the rights of employees under suspension and the legal framework governing their entitlements, making it significant in labor law discussions. |
| Court |
Labour Appellate Tribunal, Balochistan
|
| Entities Involved |
NAB,
Pakistan Telecommunication Company Limited
|
| Judges |
ABDUL GHIAS NOUSHERWANI
|
| Lawyers |
|
| Petitioners |
KHALID SHAMIM
|
| Respondents |
,
GENERAL MANAGER (S&E) PAKISTAN TELECOMMUNICATION COMPANY LIMITED
|
| Citations |
2014 SLD 2689,
2014 PLC 123
|
| Other Citations |
PLD 1994 SC 72
|
| Laws Involved |
Balochistan Industrial Relations Act (XIII of 2010),
Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
41,
55(3),
S.Os.12,
15(3)(e)
|