| Case ID |
2e5571ef-6cf8-45c0-b47d-d5c747c9cbbf |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 11 of 1968 |
| Decision Date |
Sep 19, 1972 |
| Hearing Date |
|
| Decision |
The appeal is upheld, and it is held that the appellant was concerned in the industrial dispute relating to the dismissal of Muhammad Ashraf. The award of the Industrial Court was quashed, and the case was sent back to the Industrial Court for decision on merits regarding the appellant's application under section 30 of the Industrial Disputes Ordinance, 1959. Costs of the proceedings before the Industrial Court and in this appeal were awarded to the appellant. |
| Summary |
This case revolves around the dismissal of a workman, Muhammad Ashraf, by Messrs Pakistan Cables Ltd. The Pakistan Cables Employees' Union contested Ashraf's dismissal, leading to industrial disputes and proceedings under the Industrial Disputes Ordinance, 1959. The Sindh High Court addressed the interpretation of 'concerned' in relation to workers involved in disputes, emphasizing the need for a liberal interpretation to maintain industrial harmony. This decision highlights the importance of understanding the rights of workers and conditions under which employers can dismiss employees, especially during ongoing disputes. The ruling reinforces the binding nature of industrial court awards on all parties involved, ensuring that the provisions of the Industrial Disputes Ordinance are upheld. Key terms include 'industrial dispute', 'dismissal', 'conciliation proceedings', and 'workers' rights'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NOORUL ARFIN, J
|
| Lawyers |
Mr. Saleem Akhtar,
Mr. Abdul Majeed
|
| Petitioners |
Abdul Aziz Khan
|
| Respondents |
2 Others,
Messrs Pakistan Cables Ltd., Karachi
|
| Citations |
1973 SLD 412,
1973 PLC 16
|
| Other Citations |
New Jehangir Vakil Mills Ltd. v. N. L. Vyas and others (AIR 1959 Bom. 243),
New India Motors (Private) Ltd. v. K. T. Morris (1961 PLC 46),
Muae4r Hussain and others v. Batala Engineering Company (Pakistan) Ltd., Lahore (1969 PLC 699)
|
| Laws Involved |
Industrial Disputes Ordinance, 1959,
Industrial Relations Ordinance, 1969
|
| Sections |
12(5),
30(1),
47
|