Case ID |
379de6b7-988c-46d7-a05f-3c4e52d9f6be |
Body |
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Case Number |
LHR-185 of 1995 |
Decision Date |
May 09, 1996 |
Hearing Date |
May 05, 1996 |
Decision |
The Labour Appellate Tribunal found that the termination of Mukhtar Ahmad's services was unlawful. The tribunal noted that he was on probation for one year and his termination occurred after only four months without a show-cause notice or formal inquiry. According to the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, an employee is deemed to be permanent after three months of service. The tribunal ruled that the employer was obliged to issue a show-cause notice before termination, which was not done. Thus, the Labour Court's conclusion that the appointment was temporary was incorrect. The appeal was accepted, and the termination order was set aside, entitling Mukhtar Ahmad to back benefits. |
Summary |
In the case of Mukhtar Ahmad vs. Managing Director, PASSCO, Lahore, the Labour Appellate Tribunal addressed critical issues regarding employment termination under the Industrial Relations Ordinance and the Standing Orders Ordinance. The case highlighted the legal requirements for terminating employees on probation. Mukhtar Ahmad was terminated without a proper inquiry or notice, raising significant questions about due process in employment. The tribunal emphasized that statutory provisions prevail over appointment letter conditions, asserting that even during probation, employees are entitled to fair treatment and procedural safeguards. This decision reinforces employee rights in Pakistan's labor law framework, ensuring that employers adhere to legal standards when terminating employment. Keywords such as 'employment law', 'termination of service', 'probation period', and 'employee rights' are trending in legal discussions, making this case significant for understanding labor rights and employer obligations. |
Court |
Labour Appellate Tribunal, Punjab
|
Entities Involved |
PASSCO
|
Judges |
Mian Ghulam Ahmad
|
Lawyers |
|
Petitioners |
Mukhtar Ahmad
|
Respondents |
another,
Managing Director, PASSCO, Lahore
|
Citations |
1996 SLD 584,
1996 PLC 574
|
Other Citations |
Not available
|
Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
Sections |
25-A,
1(b),
1(c),
15
|