| Case ID |
42004f7c-cdc4-4827-b718-6bf5a23de77c |
| Body |
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| Case Number |
SL-408 of 1987 |
| Decision Date |
Dec 16, 1987 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the previous decision of the Labour Court was set aside. The deductions made from the appellant's salary were deemed incorrect due to lack of evidence regarding wages. The respondent was directed to refund the deducted amounts and refrain from making further deductions. The case highlighted the importance of proper evidence in determining the status of an employee as a workman under the Industrial Relations Ordinance. |
| Summary |
This case revolves around the appeal filed by Haq Nawaz Khan against the decision made by Punjab Labour Court No. 9, which dismissed his grievance petition related to salary deductions. The deductions were imposed based on allegations of charging less fare while booking livestock. The core issue was whether Haq Nawaz Khan qualified as a 'workman' under the Industrial Relations Ordinance. The appellate tribunal determined that the lower court misapplied the definition of 'workman', as it failed to provide evidence regarding the appellant's wages, which are crucial for determining his classification. The tribunal ruled in favor of the appellant, emphasizing the need for thorough evidence in labor disputes. This case highlights key aspects of labor law, specifically concerning the definitions and rights of workers, which are pivotal in ensuring fair treatment in employment contexts. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakistan Railways
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
H.R. Haider,
Ch. Muhammad Shafique
|
| Petitioners |
Haq Nawaz Khan
|
| Respondents |
Divisional Superintendent, Pakistan Railways, Multan
|
| Citations |
1990 SLD 1440,
1990 PLC 535
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2(xxviii)(b)
|