| Case ID |
3d79be49-7c86-4310-8b0a-e4b72e669eb7 |
| Body |
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| Case Number |
SUK-161 of 1983 |
| Decision Date |
Apr 10, 1985 |
| Hearing Date |
Apr 10, 1985 |
| Decision |
The appeal filed by Ashfaq Ali Moryani against the order of the Sind Labour Court was dismissed. The court found that the appellant, who claimed to be a workman, did not provide sufficient evidence to prove that his duties were primarily clerical and manual. The Labour Court's conclusion that the appellant was an officer performing supervisory duties was upheld. The court emphasized that the nature of work must be direct and substantial to qualify as workman under the applicable laws. The appellant's claims regarding negligence were deemed incorrect, and the decision of the Labour Court to dismiss the grievance petition was affirmed. |
| Summary |
In the case of Ashfaq Ali Moryani vs. United Bank Ltd., the Labour Appellate Tribunal, Sindh, addressed the appeal of an employee who was dismissed for alleged gross negligence. The key legal issues revolved around the definition of 'workman' under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance and the Industrial Relations Ordinance. The Tribunal found that the appellant, who held the title of officer, failed to demonstrate that the majority of his duties were clerical or manual. The court stressed that the work performed must be substantial and not incidental. The appeal was dismissed, reinforcing the importance of clear evidence in employment disputes and the stringent requirements for proving workman status under labor laws. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
United Bank Ltd.
|
| Judges |
Ali Nawaz Budhani,
Ashfaq Ali Moryani
|
| Lawyers |
Nizumuddin Baloch,
M. Sadiq Khan
|
| Petitioners |
Ashfaq Ali Moryani
|
| Respondents |
2 Others,
United Bank Ltd. Ukkur
|
| Citations |
1985 SLD 2320,
1985 PLC 1030
|
| Other Citations |
1982 P L C 294,
1982 P L C 299,
1983 P L C 237
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Industrial Relations Ordinance, 1969
|
| Sections |
2(i),
25-A
|