| Case ID |
38d45fc0-5d77-447f-bcdd-c8f5c265a764 |
| Body |
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| Case Number |
Appeals Nos. 129 and 127 of 1993 |
| Decision Date |
Jan 16, 1994 |
| Hearing Date |
Jan 16, 1994 |
| Decision |
The Labour Appellate Tribunal determined that Muhammad Khalid, appointed as a Junior Clerk on an ad hoc basis, was not classified as a 'workman' under the Industrial Relations Ordinance, 1969. His employment was deemed temporary, as he was appointed to fill a leave vacancy, and upon the return of the permanent employee, his services were terminated. The Tribunal found that the provisions of the Industrial Relations Ordinance, 1969 were not applicable to him, as he was a civil servant under the Punjab Civil Servants Act, 1974. Consequently, the Tribunal accepted the appeal of the Superintending Engineer, set aside the Labour Court's decision, and dismissed the grievance petition filed by Muhammad Khalid. |
| Summary |
In a landmark case before the Labour Appellate Tribunal of Punjab concerning employment disputes, the court examined the classification of Muhammad Khalid, who was appointed as a Junior Clerk on an ad hoc basis. His employment was initially for six months, which was extended but ultimately terminated upon the return of a permanent employee. Khalid challenged his termination, arguing that he was entitled to the benefits under the Industrial Relations Ordinance, 1969. However, the Tribunal clarified that he did not qualify as a 'workman' under the relevant laws, as he was a civil servant. The court's ruling emphasized the distinction between civil servants and workers, underscoring the importance of understanding employment classifications in labor law. This case highlights critical legal principles surrounding employment rights and the applicability of labor laws. Keywords such as 'employment law', 'labor rights', 'industrial relations', and 'civil servant classification' are essential in discussing this case, making it relevant for ongoing legal discourse in labor law. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Not available
|
| Lawyers |
Rana Farman Ali Sabir,
Zafar Saleem
|
| Petitioners |
MUHAMMAD KHALID
|
| Respondents |
SUPERINTENDING ENGINEER, HIGHWAYS DEPARTMENT, GUJRANWALA
|
| Citations |
1994 SLD 606 = 1994 PLC 232
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Punjab Civil Servants Act, 1974,
Factories Act, 1934,
Workmen's Compensation Act, 1923
|
| Sections |
25A
|