| Case ID |
44d45db8-b278-499a-8a34-75edc99c8aa2 |
| Body |
View case body. Login to View |
| Case Number |
Kar-265 of 1980 |
| Decision Date |
Feb 15, 1989 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the order of termination of the respondent's services was upheld. The Tribunal found that proper notice had been served and that the respondent had failed to provide adequate proof of illness or victimization. The medical certificate presented was deemed suspicious due to the lack of examination of the issuing doctor and inconsistencies in the respondent's claims. The absence of evidence supporting the claim of wrongful dismissal led to the conclusion that the termination was justified. The Tribunal also noted that while the termination was legal, the management could consider the respondent's continued employment on compassionate grounds. |
| Summary |
This case revolves around the termination of a worker, Mirajulabedin, by Pakistan Steel Mills Corporation Ltd. under the Industrial Relations Ordinance of 1969. The respondent was terminated for unauthorized absence from duty, which he claimed was due to illness (typhoid). The Labour Court initially ruled in favor of the respondent, citing improper service of notice and a valid medical certificate. However, upon appeal, the Labour Appellate Tribunal found the medical certificate to be questionable and determined that the respondent had not adequately communicated his absence or provided sufficient evidence of victimization. The Tribunal emphasized the importance of workers keeping management informed of their whereabouts and deemed the termination procedure to have been followed correctly by the Corporation. The decision highlights key aspects of labor law, particularly concerning the rights and responsibilities of both employers and employees in the context of service termination. This case serves as a critical reference for similar disputes in labor relations, emphasizing the need for due process in termination cases. Keywords: labor law, termination of service, employee rights, industrial relations, legal proceedings, medical certificate validity. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Steel Mills Corporation Ltd.,
Mirajulabedin
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Kamal Mansoor Ahim,
Shafque Qureshi
|
| Petitioners |
PAKISTAN STEEL MILLS CORPORATION LTD.
|
| Respondents |
MIRAJULABEDIN
|
| Citations |
1989 SLD 1788,
1989 PLC 558
|
| Other Citations |
Dawood Cotton Mills Ltd. v. Guftar Shah and another,
Fazal Shafiq Textile Mills Ltd. v. IV Sind Labour Court and another,
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|