| Case ID |
370c8aec-896a-4a1a-9f22-a7a6663ef439 |
| Body |
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| Case Number |
Kar. 210 of 1983 |
| Decision Date |
Dec 23, 1984 |
| Hearing Date |
Dec 23, 1984 |
| Decision |
The appeal was dismissed. The Labour Court found that the petitioner, Allah Ditta, was not credible and had fabricated his claims of injury to obtain compensation. The court established that the respondent did not employ the requisite number of workers to be subject to the Standing Orders Ordinance and that the grievance petition was not maintainable. The appellant's claims were dismissed based on lack of evidence and credibility, particularly due to his National Identity Card indicating a pre-existing condition. The final decision upheld the Labour Court's ruling. |
| Summary |
In the case of Allah Ditta vs. Zubair Associates Ltd., the Labour Appellate Tribunal, Sindh, examined a grievance petition filed by Allah Ditta regarding his alleged illegal termination of employment following a workplace injury. The Tribunal upheld the Labour Court's decision that dismissed the grievance as not maintainable, citing that the respondent did not employ the minimum number of workers required under the applicable laws. The case highlighted issues of credibility, as evidence suggested that Allah Ditta had pre-existing health conditions, undermining his claims of injury and the legitimacy of his grievance. The decision emphasizes the importance of credible evidence in employment-related disputes and the applicability of labor laws, including the Industrial Relations Ordinance and the Workmen's Compensation Act. This case serves as a significant reference for labor disputes involving claims of wrongful termination and compensation, particularly in contexts where the number of employees affects the applicability of labor laws. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
ALI NAWAZ BUDHANI
|
| Lawyers |
Abdul Qadir,
S. A. Channa
|
| Petitioners |
ALLAH DITTA
|
| Respondents |
ZUBAIR ASSOCIATES Ltd.
|
| Citations |
1985 SLD 1811,
1985 PLC 378
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance,
Workmen's Compensation Act, 1923,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
25-A,
38(3)
|