| Case ID |
38052c72-d665-400a-bae6-3aa9e9f0d7f7 |
| Body |
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| Case Number |
Appeals Nos. FD-417 and 445 of 1985 |
| Decision Date |
Dec 22, 1985 |
| Hearing Date |
Dec 17, 1985 |
| Decision |
The appeals were dismissed, affirming the decision of the Punjab Labour Court No.4, Faisalabad, which had directed the reinstatement of Niaz Muhammad with 50% back benefits. The tribunal found that the order for indefinite overtime was unreasonable and that Niaz Muhammad's refusal to comply did not constitute misconduct. The court emphasized that workers should not be compelled to work beyond reasonable hours without appropriate compensation. The respondent was not entitled to full back benefits due to private work undertaken after dismissal. |
| Summary |
This case revolves around the appeals filed by Lyallpur Cotton Mills against the reinstatement of Niaz Muhammad, an electrician, by the Punjab Labour Court. The primary issue was whether the order for indefinite overtime work was reasonable. The tribunal concluded that the order was not reasonable, as it violated the rights of the worker, who had already completed his normal duty hours. Consequently, the tribunal upheld the lower court's decision and dismissed the appeals. The case highlights critical aspects of labor rights, including the definition of reasonable work orders and the entitlements of workers regarding overtime compensation. Keywords: labor rights, overtime work, reasonable orders, misconduct, reinstatement, back benefits. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Niaz Muhammad,
Lyallpur Cotton Mills
|
| Judges |
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI
|
| Lawyers |
Shamim Ahmad Khan,
Muhammad Ashraf
|
| Petitioners |
Lyallpur Cotton Mills
|
| Respondents |
Niaz Muhammad
|
| Citations |
1986 SLD 2229 = 1986 PLC 684
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
S.O. 15(3)(a)
|