| Case ID |
320e1d64-7aca-46a5-87bc-add4c4d092c6 |
| Body |
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| Case Number |
Complaint No. 3 of 1988 |
| Decision Date |
Jan 09, 1989 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal acquitted the accused on the grounds of termination of service being bona fide due to the cancellation of the employer's license, leading to the complainant's redundancy. The tribunal found that the termination was not an act of victimization or misconduct, as the complainant's service was terminated prior to the employer's knowledge of the union registration application. The tribunal emphasized that legal scrutiny could be conducted without the need for further evidence when the facts established a clear lack of an offense. Thus, the tribunal allowed the application under section 249-A of the Criminal Procedure Code and acquitted the accused. |
| Summary |
In the case of Complaint No. 3 of 1988, the Labour Appellate Tribunal addressed the termination of Mirza Azeem Baig by the Managing Director of Standard Drug Company. The tribunal focused on the legal ramifications of the termination, which occurred during the pendency of a trade union registration application. The core issue was whether the termination constituted an offense under the Industrial Relations Ordinance. The tribunal ruled that the termination was justified due to the cancellation of the employer's license, rendering the complainant's position redundant. The decision highlighted the importance of distinguishing between punitive actions and legitimate business decisions, emphasizing that the absence of malice negated the basis for the complaint. This ruling reinforces the legal protections for employers in situations where operational necessities dictate employee terminations. The case serves as a precedent for similar disputes regarding labor rights and employer responsibilities. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
NAZIR AHMAD AKHRTNC4
|
| Lawyers |
M. Bashir Awan,
Abdul Ghani
|
| Petitioners |
Mirza AZEEM BAIG
|
| Respondents |
MANAGING DIRECTOR/MANAGER STANDARD DRUG COMPANY
|
| Citations |
1989 SLD 2469,
1989 PLC 874
|
| Other Citations |
1965 PLC 216,
1987 PLC 852,
1987 PLC 952,
1984 P L C 177,
1987 P L C 243,
1982 P L C 184,
1987 P W L J 273
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Criminal Procedure Code (V of 1898)
|
| Sections |
8-A,
15,
53,
249-A
|