| Case ID |
30852e8a-2598-4353-a9bb-e2125fd33a67 |
| Body |
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| Case Number |
Writ Petition No. 4227 of 1984 |
| Decision Date |
Mar 21, 1987 |
| Hearing Date |
Mar 21, 1987 |
| Decision |
The petition was accepted, and the dismissal order dated 15-07-1981 was set aside. The court ruled that the respondent was not a 'workman' under the relevant laws, thus the previous decisions of the Labour Courts lacked jurisdiction. The case emphasized the importance of adhering to procedural requirements during dismissals, including proper notice and authority. The court held that the respondent's absence was not legitimate grounds for dismissal as it was due to medical reasons. The decision reinforced the rights of employees under statutory rules governing local authority employees. |
| Summary |
This case involved a writ petition challenging the dismissal of a primary school teacher by the Municipal Committee of Lalamusa. The petitioner argued that the dismissal was unjust and lacked proper jurisdiction since the teacher was not classified as a 'workman' under the applicable labor laws. The Lahore High Court examined various legal provisions including the Constitution of Pakistan and relevant ordinances governing employment. The court concluded that the teacher's absence was due to medical examinations ordered by the municipality, thus not constituting grounds for dismissal. The judgment underscored the necessity for compliance with legal standards in employment matters, particularly regarding the rights of local government employees. This case is significant for its implications on labor rights and the interpretation of employment laws in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
MUNICIPAL COMMITTEE, LALAMUSA,
PUNJAB APPELLATE TRIBUNAL, LAHORE
|
| Judges |
Falak Sher, J
|
| Lawyers |
A.W. Butt for Petitioner,
Muhammad Zaman Qureshi for Respondents
|
| Petitioners |
MUNICIPAL COMMITTEE, LALAMUSA
|
| Respondents |
2 others,
PUNJAB APPELLATE TRIBUNAL, LAHORE
|
| Citations |
1987 SLD 1194,
1987 PLC 497
|
| Other Citations |
Abdul Malik v. National Education Society 1987 P L C 224,
K.G. Old, Principal, Christian Technical Training Centre, Gujranwala v. Presiding Officer, Punjab Labour Court, Northern Zone and 6 others 1976 P L C 675,
Muhammad Aqil v. Sind Labour Appellate Tribunal and another P L D 1978 Kar. 649,
Superintending Engineer (H.Q.) Irrigation, Lahore Zone and another v. Punjab Labour Appellate Tribunal and another 1987 P L C 180,
M.S. Faruki, Chief Officer, Lahore Municipal Corporation, Lahore v. The Province of West Pakistan and another P L D 1970 Lah. 195,
Syed Fayyaz Qadri, Advocate v. The Administrator, Lahore Municipal Corporation, Lahore and 4 others P L D 1972 Lah. 316
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969),
Punjab Local Government Ordinance (VI of 1979),
West Pakistan Local Council Servants (Efficiency and Discipline) Rules, 1963
|
| Sections |
199,
2,
3,
25-A,
36,
12,
36
|