| Case ID |
463e37ff-3590-4a0a-b71d-e3c39e0ca4ab |
| Body |
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| Case Number |
KAR 398 of 1998 |
| Decision Date |
Feb 20, 2001 |
| Hearing Date |
Feb 12, 2001 |
| Decision |
In this appeal, the Labour Appellate Tribunal has set aside the order of the Sindh Labour Court which had directed the reinstatement of the respondent, Ghulam Fareed, with full back benefits. The Tribunal concluded that Ghulam Fareed was not a 'workman' under the relevant laws at the time of his termination. The court found that his role as an Internal Auditor involved supervisory responsibilities and benefits not afforded to regular workmen, such as a longer notice period for termination. Consequently, the Tribunal ruled that the termination was lawful. |
| Summary |
This case revolves around the employment status of Ghulam Fareed, who claimed to be a workman after his termination from Karachi Sheraton Hotel. The Tribunal examined his employment history, noting that he initially began as a Front Office Cashier but was later promoted to positions such as Head Cashier and Internal Auditor. The core issue was whether he retained his status as a workman or had transitioned to a managerial role, which would exempt him from protections afforded to workmen under the Industrial Relations Ordinance. The Tribunal ultimately determined that due to his responsibilities and benefits received, he ceased to be a workman, validating the hotel's termination of his services. This case highlights the importance of understanding the legal definitions of employment status and the implications of job titles and responsibilities within the context of labor law. Key terms include 'workman', 'termination', 'employment status', and 'managerial role'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Karachi Sheraton Hotel,
CBA Union
|
| Judges |
Munawar Ali Khan
|
| Lawyers |
Mahmood A. Ghani,
Muhammad Shafiq Qureshi
|
| Petitioners |
Karachi Sheraton Hotel through Director
|
| Respondents |
Ghulam Fareed
|
| Citations |
2001 SLD 2209 = 2001 PLC 428
|
| Other Citations |
1985 SCMR 1511,
1990 PLC (C.S.) 295,
2000 PLC 325
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
2(xxviii),
25 A,
1(4),
0.12
|