| Case ID |
44f4d0cb-f88e-41c0-9d91-96e57639d2f5 |
| Body |
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| Case Number |
Appeals Nos. KAR-78 to KAR-109, 269-KAR and KAR-30 |
| Decision Date |
Dec 11, 1989 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal decided to remand the case back to the Labour Court for a hearing on the merits after recording evidence. The Tribunal found that the Labour Court had prematurely dismissed the grievances on the basis of limitations without considering the evidence. The appellants had claimed they were forced to resign, and the Tribunal emphasized the need for evidence to clarify the terms of the inquiry and the management's agreement to participate. The decision highlighted that the cause of action for the appellants was from the date the management refused to reinstate them, as advised by the Labour Department. The delay in filing the appeal by one of the appellants was condoned due to supporting medical evidence. |
| Summary |
In the case of SAEED AHMAD KHAN and others vs. Messrs NATIONAL MOTORS LTD., the Labour Appellate Tribunal of Sindh addressed multiple appeals concerning the forced resignations of workers. The Tribunal found that the Labour Court had incorrectly dismissed the petitions based on limitations without proper evidence. The case revolved around the Industrial Relations Ordinance of 1969, specifically section 25-A, which deals with termination and forced resignations, and section 65, which pertains to appeals and the condonation of delays. The Tribunal emphasized the importance of recording evidence to ascertain the validity of the resignations and the management's role in the inquiry. The ruling clarified that the cause of action for the appellants began from the date they were refused reinstatement, as per the Labour Department's advice. This case underscores the significance of procedural fairness and the rights of workers in employment disputes within the legal framework of labor laws. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
NATIONAL MOTORS LTD.
|
| Judges |
AHMAD ALI U. QURESHI
|
| Lawyers |
Abdul Majeed,
M.M. Jeelani,
Mushir Alam
|
| Petitioners |
SAEED AHMAD KHAN and 33 others
|
| Respondents |
Messrs NATIONAL MOTORS LTD.
|
| Citations |
1990 SLD 1554,
1990 PLC 763
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
25-A,
65
|