| Case ID |
37207155-acf2-49df-ac71-8250cac9409d |
| Body |
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| Case Number |
C.P. No. D-299 of 2014 |
| Decision Date |
Mar 12, 2015 |
| Hearing Date |
Mar 02, 2015 |
| Decision |
The Sindh High Court ruled in favor of the petitioners, declaring them as sacked employees under the Sacked Employees (Re-instatement) Ordinance, 2010. The court found that the petitioners had been employed continuously despite the employer's attempts to create gaps in employment to avoid labor legislation. The court ordered the Pakistan Civil Aviation Authority to reinstate the petitioners and provide compensation, highlighting the beneficial nature of the legislation for sacked employees. The judgment emphasized that the employment history should be viewed holistically, disregarding minor gaps that were employed as a tactic by the employer. |
| Summary |
In the case of C.P. No. D-299 of 2014, the Sindh High Court addressed the claims of sacked employees under the Sacked Employees (Re-instatement) Ordinance, 2010. The court analyzed the employment history of the petitioners, who were daily wage employees with the Pakistan Civil Aviation Authority. The primary issue was whether the petitioners qualified as 'sacked employees' given the employer's practice of employing them on short-term contracts to create gaps in their employment records. The court concluded that the petitioners had been effectively employed throughout the relevant periods, thus falling under the protective umbrella of the 2010 Ordinance. The ruling reinforces the rights of employees and the importance of adhering to labor laws, ensuring that employers cannot exploit loopholes to deny reinstatement and compensation. This case emphasizes the necessity of comprehensive interpretations of employment statuses and the judicial support for employee rights in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Civil Aviation Authority
|
| Judges |
MUNIB AKHTAR,
NAZAR AKBAR
|
| Lawyers |
Ali Asadullah Bullo for Petitioners,
Sanaullah Noor Ghouri for Respondent No. 1
|
| Petitioners |
BADAR SHAH ORAKZAI
|
| Respondents |
PAKISTAN CIVIL AVIATION AUTHORITY through Director General, Karachi
|
| Citations |
2016 SLD 793,
2016 PLC 411
|
| Other Citations |
Not available
|
| Laws Involved |
Sacked Employees (Reinstatement) Ordinance, 2010,
Constitution of Pakistan, 1973
|
| Sections |
4,
13,
199
|