| Case ID |
38563e17-8c6e-4615-9ffd-877e113c2015 |
| Body |
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| Case Number |
Civil Revision No. 21 of 2014 |
| Decision Date |
Dec 12, 2014 |
| Hearing Date |
Dec 08, 2014 |
| Decision |
The court ruled that the employee's probationary period should be included in the calculation of gratuity. The plaintiff, having served more than 15 years, is entitled to gratuity calculated on gross salary. The appellate court's decision to grant gratuity was upheld, while the grant of damages was set aside for lack of quantification. |
| Summary |
In the case of M/s Mar courtI GAS COMPANY LIMITED vs. SHABIR AHMED, the Sindh High Court addressed the issue of gratuity calculation under the Specific Relief Act. The plaintiff contended that the gratuity should be calculated based on gross salary, considering his service duration exceeding 15 years, including probation. The court established that any service during the probationary period counts toward eligible service, validating the plaintiff's claim. The ruling emphasized the importance of interpreting the Trust Deed and company rules in favor of the employee's rights. The decision highlights key legal principles regarding employee benefits and the interpretation of service periods, which are significant in employment law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IRFAN SAADAT KHAN, J
|
| Lawyers |
Chaudhry Shahid Hussain Rajput,
Raja Basantani
|
| Petitioners |
M/s Mar courtI GAS COMPANY LIMITED through Managing Director and another
|
| Respondents |
SHABIR AHMED
|
| Citations |
2016 SLD 792 = 2016 PLC 430
|
| Other Citations |
2002 SCMR 574,
2013 PLC (C.S.) 1212,
1998 SCMR 969,
2005 SCMR 100
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42
|