| Case ID |
429af807-cc9e-4f5f-bb5e-33279012ca3f |
| Body |
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| Case Number |
Labour Appeal No.40 of 2009 |
| Decision Date |
Nov 29, 2010 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellant, after accepting the terms and conditions of his employment with Messrs Gatron Industries Limited, violated these terms by engaging in employment with another company, Ismail Industries. The Labour Court found that the dismissal was valid and the grievance application filed by the employee was rightly dismissed. The order of the Presiding Officer of the Labour Court was upheld, and the appeal was dismissed without any order as to costs. |
| Summary |
In the case of Labour Appeal No.40 of 2009, the Labour Appellate Tribunal examined the dismissal of an employee, SAID AKBAR, from Messrs Gatron Industries Limited due to violation of his employment contract. The employee had accepted terms that prohibited him from engaging in any other employment during his tenure. However, he violated these terms by taking up a position with Ismail Industries. After a proper inquiry and issuance of a show-cause notice, his dismissal was upheld by the Labour Court. The case emphasizes the importance of adhering to employment contracts and the legal implications of dual employment. The decision reflects the tribunal's stance on maintaining the integrity of employment agreements, highlighting that once accepted, the terms cannot be breached without consequences. This ruling serves as a precedent for similar cases concerning employment violations and reinforces the legal framework established under the Industrial Relations Act and Employment Ordinance. |
| Court |
Labour Appellate Tribunal, Quetta
|
| Entities Involved |
Ismail Industries,
Messrs GATERON (INDUSTRIES) LIMITED
|
| Judges |
ABDUL QADIR MENGAL
|
| Lawyers |
Azam Jan Zarkoon,
S. M. Iqbal
|
| Petitioners |
SAID AKBAR
|
| Respondents |
Messrs GATERON (INDUSTRIES) LIMITED
|
| Citations |
2011 SLD 1581 = 2011 PLC 159
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Act (IV of 2008),
Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
41,
55(3),
S.O.15(2)
|