| Case ID |
30873f62-e07b-4318-824a-4238b1bbe312 |
| Body |
View case body. Login to View |
| Case Number |
KAR 114 of 1999 |
| Decision Date |
May 15, 2000 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal upheld the decision of the Labour Court, concluding that Hussain Ahmed was employed purely on a temporary basis as a helper with the General Tyre and Rubber Co. of Pakistan Limited. His services were terminated after he was declared medically fit following an injury. The Tribunal found that his employment was clearly defined as temporary, which was likely to last only for six months, and therefore he could not be considered a permanent employee despite his length of service. The grievance petition filed by Ahmed was dismissed as not maintainable. The Tribunal noted that the termination order was issued and acknowledged by Ahmed, and thus the arguments regarding the nature of his employment and the timing of his termination were not sufficient to warrant a reversal of the Labour Court's decision. |
| Summary |
In the case of Hussain Ahmed vs General Tyre and Rubber Co. of Pakistan Limited, the Labour Appellate Tribunal addressed the nature of employment concerning Hussain Ahmed, who claimed to be a permanent workman after serving as a temporary helper. The core issue revolved around whether his appointment was temporary or permanent, which was pivotal for the case's outcome. Ahmed had suffered an injury and was declared medically fit before his services were terminated. The Tribunal emphasized that despite the duration of his employment, the terms of his appointment clearly indicated it was temporary. The decision reaffirmed the principles of employment law regarding temporary contracts and the rights of workers under the Industrial Relations Ordinance. This case is significant for understanding the distinctions between temporary and permanent employment statuses, particularly in industrial settings. The decision is crucial for both employees and employers in clarifying the implications of temporary employment agreements. Keywords: temporary employment, Industrial Relations Ordinance, Labour Court decision, employment law, workers' rights. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
General Tyre and Rubber Co. of Pakistan Limited
|
| Judges |
Munawar Ali Khan,
Hussain Ahmed
|
| Lawyers |
Muhammad Shafiq Qureshi,
Mehmood A. Ghani
|
| Petitioners |
Hussain Ahmed
|
| Respondents |
General Tyre and Rubber Co. of Pakistan Limited
|
| Citations |
2001 SLD 2171 = 2001 PLC 289
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
25 A,
37(3),
1(b),
12(3)
|