| Case ID |
38461ce3-2364-4dc4-8142-ab5786921791 |
| Body |
View case body. Login to View |
| Case Number |
Complaint No. KAR-227 of 1982 |
| Decision Date |
May 05, 1982 |
| Hearing Date |
May 05, 1982 |
| Decision |
The Labour Appellate Tribunal upheld the decision of the Labour Court which had rejected the grievance petition filed by Ghulam Hussain for benefits under a settlement. The Tribunal noted that Hussain had previously chosen to be governed by the terms of W.P.I.D.C. and could not claim benefits from both organizations. Despite this, he filed an application before the Authority under the Payment of Wages Act, which was resisted by the employer. The Tribunal issued a notice for contempt but accepted an unconditional apology from the respondents, leading to the dropping of the proceedings. The appeal was accepted and the proceedings were dropped. |
| Summary |
This case revolves around the interpretation of the Industrial Relations Ordinance and the Payment of Wages Act. Ghulam Hussain, an employee, sought benefits under a settlement with the Metropolitan Steel Corporation which was denied by the Labour Court due to his previous election of terms under W.P.I.D.C. Despite the rejection, he approached the Payment of Wages Authority, which led to contempt proceedings initiated by the Labour Appellate Tribunal. The Tribunal's decision emphasized the importance of adhering to prior rulings, maintaining the integrity of legal proceedings, and the necessity of presenting a clear legal position before pursuing claims. The unconditional apology submitted by the respondents resulted in the dropping of contempt proceedings, showcasing the Tribunal's willingness to resolve matters amicably when appropriate. Overall, the decision highlights critical aspects of employment law, the significance of legal representation, and the procedural requirements for claims under labor statutes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Metropolitan Steel Corporation Ltd.,
Payment of Wages Authority
|
| Judges |
Z. A. CHANNA,
MUHAMMAD ALI SIDDIQUI
|
| Lawyers |
S. M. Yaqub,
Muhammad Ali Siddiqui
|
| Petitioners |
Ghulam Hussain
|
| Respondents |
Authority under Payment of Wages Act, 1936,
Metropolitan Steel Corporation Ltd.
|
| Citations |
1982 SLD 1557,
1982 PLC 578
|
| Other Citations |
1980 P L C 143
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Payment of Wages Act, 1936
|
| Sections |
38(5),
15
|