| Case ID |
37f5b3e6-7898-4ae5-8a75-8512005c6f93 |
| Body |
View case body. Login to View |
| Case Number |
Appeals Nos. KAR-220, 331 and 332 of 1982 |
| Decision Date |
Aug 30, 1982 |
| Hearing Date |
Aug 30, 1982 |
| Decision |
The Labour Appellate Tribunal allowed the appeals of the Roti Corporation of Pakistan against respondents Ghulam Nabi and Fakir Hussain, stating that they had received all their dues in full and final settlement and thus were not aggrieved persons entitled to file grievance petitions. The tribunal also noted that the evidence provided by the corporation regarding financial losses was insufficient. However, the case of respondent Naik Muhammad was remanded to the Labour Court to allow both parties to present further evidence regarding the alleged losses and the circumstances surrounding the retrenchment. This decision emphasized the importance of proper documentation and evidence in establishing claims of retrenchment and the rights of employees under the Industrial Relations Ordinance. |
| Summary |
In the case of Roti Corporation of Pakistan vs Naik Muhammad and Others, the Labour Appellate Tribunal was faced with appeals regarding the termination of employees due to alleged retrenchment. The tribunal considered the maintainability of the grievance petitions filed by the respondents, focusing on whether they remained aggrieved after receiving full and final settlements. The tribunal found that the corporation failed to substantiate its claims of financial distress, leading to the conclusion that the terminations were unjustified. This case highlights the need for companies to provide clear and compelling evidence when claiming financial losses that necessitate staff reductions. The decision reinforces the rights of workers under the Industrial Relations Ordinance, emphasizing that employees are entitled to seek redress if they believe their terminations were not based on valid grounds. This case is significant for labor law practitioners and advocates representing employees in similar disputes, as it underscores the legal protections available to workers against arbitrary dismissals. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Roti Corporation of Pakistan
|
| Judges |
Z. A. CHANNA
|
| Lawyers |
Syed Zamirul Hassan,
M. M. Jillani
|
| Petitioners |
Messrs ROTI CORPORATION OF PAKISTAN LTD.
|
| Respondents |
Ghulam Nabi,
NAIK MUHAMMAD,
Fakir Hussain
|
| Citations |
1983 SLD 1740
|
| Other Citations |
Fattehally Chemicals Limited v. Majeed Baig 1973 P L C 297,
Muhammad Siddique v. Premier Tobacco Industries Limited 1981 P L C 670
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|