| Case ID |
3bae4862-814e-4de1-aee7-f9550ffa450c |
| Body |
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| Case Number |
Labour Appeal No. BR-1310 of 2012 |
| Decision Date |
Apr 13, 2016 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal ruled against the Labour Court's findings, asserting that the respondent, Farooq Ahmed Zubari, did not qualify as a 'workman' under the relevant laws, primarily due to the nature of his job as Area Sales Manager. The Tribunal emphasized that the determination of 'workman' status should focus on the nature of the work performed rather than the job title. The Labour Court's jurisdiction was also questioned, leading to the reversal of its decision, which had previously allowed Zubari's grievance petition. Consequently, the appeal by Shaigan Pharmaceuticals was granted, and the Labour Court's findings were set aside. |
| Summary |
This case revolves around the termination of Farooq Ahmed Zubari, who was employed as an Area Sales Manager at Shaigan Pharmaceuticals. Zubari's termination followed his application for medical leave, which he challenged as illegal. The Labour Court initially supported his claim, labeling him a 'workman.' However, the Labour Appellate Tribunal overturned this decision, clarifying that the role of Area Sales Manager did not meet the definition of a 'workman' as per the Industrial Relations Ordinance and the Standing Orders. The Tribunal highlighted that the job's responsibilities were managerial rather than manual or clerical, which are vital criteria for 'workman' status. This ruling underscores the importance of job function in labor disputes and clarifies the jurisdictional boundaries of labor courts. The case references several precedents, establishing a clear legal framework for similar future cases. The decision reaffirms the principle that job titles alone are insufficient for determining employment status under labor laws. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
SHAIGAN PHARMACEUTICALS (PVT.) LTD.
|
| Judges |
JUSTICE (R) SAGHEER AHMED QADRI
|
| Lawyers |
Saqib Shafique
|
| Petitioners |
FAROOQ AHMED ZUBARI THROUGH REPRESENTATIVE AND OTHERS
|
| Respondents |
EXECUTIVE DIRECTOR, SHAIGAN PHARMACEUTICALS (PVT.) LTD. AND 3 OTHERS
|
| Citations |
2016 SLD 2821,
2016 PLC 353
|
| Other Citations |
General Manager, Hotel International, Lahore and another v. Bashir A. Malik and others PLD 1986 SC 103,
Messrs Brady & Co. (Pakistan) Ltd. v. Messrs Sayed Saigol Industries Ltd. 1981 SCMR 494,
Shafi Muhammad v. Presiding Officer, Labour Court No. VI at Hyderabad and 2 others 1996 PLC 446,
Managing Director Universal Oil and Vegetables Ghee Mills Limited, Sheikhupura v. Muhammad Khan 1989 PLC 239,
Sultan Masud Tiwana v. General Manager, Dawood Hercules Chemicals Ltd., Lahore 1975 PLC 556,
I.C.I. Pakistan Manufacturers Ltd. (Polyester Works), Sheikhupura v. Muhammad Iftikhar Ahmad 1986 PLC 1133
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
2(xxviii),
25-A,
2(i),
12(3)
|