| Case ID |
3b970d4b-72b3-4aaf-b644-b12f2dc92898 |
| Body |
View case body. Login to View |
| Case Number |
Applications Nos. 126, 232, 262 and 263 of 1983 |
| Decision Date |
Dec 07, 1983 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal dismissed the petitions of the Badli conductors challenging their termination. The tribunal held that the termination of the petitioners was in accordance with the law as they had not completed the requisite 90 days of service. It was determined that while notice was not mandatory for Badli conductors, the management was still required to provide a statement of reasons for termination. The tribunal emphasized that the term 'no longer required' must be justified with explicit reasons, which were not sufficiently provided in this case. The tribunal directed management to give preference to ousted Badli workers in future vacancies. |
| Summary |
This case revolves around the termination of Badli conductors from Karachi Transport Corporation, where the Labour Appellate Tribunal of Sindh adjudicated on the legality of the terminations. The tribunal examined the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance and the Industrial Relations Ordinance, focusing on the rights of Badli workers who are temporary in nature. The key issue was whether these workers had a right to notice or reasons upon termination. The tribunal concluded that while notice was not required, the employer must provide a clear explanation for the termination. The decisions made in this case highlight the balance between employer discretion in managing temporary staff and the rights of workers to fair treatment and clarity in employment matters. The ruling underlines the importance of compliance with procedural requirements in the termination of workers, especially under the provisions set forth in the relevant labor laws. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Transport Corporation
|
| Judges |
A. J. Bachani
|
| Lawyers |
Chaudhry & Co.,
S.P. Lodhi,
Ghulam Hussain
|
| Petitioners |
Muhammad Ali,
Ghulam Murtaza,
Hafeezur Rehman,
Muhammad Rustam
|
| Respondents |
Karachi Transport Corporation
|
| Citations |
1986 SLD 1979,
1986 PLC 247
|
| Other Citations |
1979 P L C 475,
1980 N L R 143,
1979 P L C 131
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
1 (d),
12(3),
25-A
|