| Case ID |
438bc5c6-684b-4925-a3a4-16d280d5c7f5 |
| Body |
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| Case Number |
Appeals Nos. 596 and 597 of 1992 |
| Decision Date |
Apr 11, 1994 |
| Hearing Date |
|
| Decision |
The appeal questions the Labour Court's order allowing the petition under section 25A of the IRO for reinstatement, but without back benefits. The Management's appeal (No. KAR596 of 1992) contests the reinstatement, while the worker's appeal (No. KAR597 of 1992) challenges the denial of back benefits, as he did not claim unemployment during termination. The tribunal concluded that the worker was not a workman due to his supervisory role and dismissed both appeals. |
| Summary |
In the case between M/s. PAKISTAN STATE OIL COMPANY LTD. and LEVJI DHUNJISHWA WADIA, the Labour Appellate Tribunal of Sindh examined the classification of the employee's role. The employee, initially a Refueling Supervisor, was later promoted to Aviation Executive, overseeing various staff including Aviation Officers and Refueling Operators. The tribunal found that the employee's duties were supervisory in nature, which excluded him from being classified as a workman under the relevant laws. The decision emphasized that merely performing some manual or clerical tasks does not negate supervisory status, which is consistent with established legal precedents. The tribunal upheld the Labour Court's ruling for reinstatement but denied back benefits, as the employee did not demonstrate he was jobless during the termination period. This case underscores the importance of accurately defining job roles in labor disputes, particularly regarding the distinction between workers and supervisory personnel. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
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| Judges |
AGHA ALI HYDER
|
| Lawyers |
Munib Ahmed Khan for the Workers,
Rehan Aqeel for the Management
|
| Petitioners |
M/s. PAKISTAN STATE OIL COMPANY LTD., KARACHI and another
|
| Respondents |
LEVJI DHUNJISHWA WADIA, KARACHI and another
|
| Citations |
1994 SLD 742,
1994 PLC 640
|
| Other Citations |
General Manager, Intercontinental Hotel v. Bashir A. Malik PLD 1986 SC 103,
Shahi Bottlers (Pvt.) Limited v. Punjab Labour Appellate Tribunal and others 1993 SCMR 1317,
National Bank of Pakistan v. Punjab Labour Court, Faisalabad and others 1993 SCMR 672,
Abdul Razzak v. M/s. Ihsan Sons Limited 1992 SCMR 505
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| Laws Involved |
Not available
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| Sections |
Not available
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