| Case ID |
4675a969-fd59-49ae-a415-d987f7274dc7 |
| Body |
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| Case Number |
C.P. No. 654 of 2012 |
| Decision Date |
Jul 16, 2018 |
| Hearing Date |
Jul 09, 2018 |
| Decision |
The judgment ruled in favor of the respondent, asserting that they were entitled to their salaries based on the provisions outlined in the Balochistan Industrial Relations Act, 2010, and other related labor laws. The court highlighted that the employee had met the criteria for a permanent worker, having served continuously and satisfactorily for the requisite duration. The Labour Appellate Tribunal's decision to grant relief to the employee was upheld, with the court dismissing the petitioner's claims regarding the transfer of employment to a contractor as invalid without proper notice or documentation. The court emphasized the employer's ongoing liability in such cases, reinforcing the protections offered to workers under labor legislation. |
| Summary |
In the case of C.P. No. 654 of 2012, the Balochistan High Court addressed the issue of employment status and wage entitlements under various labor laws, particularly focusing on the Balochistan Industrial Relations Act, 2010. The case arose when the petitioner, Pakistan Telecommunication Company, Ltd., argued that the respondent, a former employee, had their services transferred to a contractor, thus absolving the company of wage responsibilities. The court found that despite the transfer, the petitioner retained liability for the employee's wages as per labor law provisions. The judgment underscored the employee's rights as a permanent worker and established the importance of following proper procedures when altering employment status. This case emphasizes the need for employers to comply with labor laws and reinforces workers' rights, making it a significant reference point for future labor disputes. |
| Court |
Balochistan High Court
|
| Entities Involved |
Pakistan Telecommunication Company, Ltd.,
Kamal Qaimani Tower,
Pacific Security Services Private Limited
|
| Judges |
ABDULLAH BALOCH,
JUSTICE NAEEM AKHTAR AFGHAN
|
| Lawyers |
Tahir Ali Baloch,
Manzoor Ahmed Rehmani
|
| Petitioners |
PAKISTAN TELECOMMUNICATION COMPANY, LTD. THROUGH GENERAL MANAGER AND ANOTHER
|
| Respondents |
DIN MUHAMMAD AND OTHERS
|
| Citations |
2019 SLD 844 = 2019 PLC 30
|
| Other Citations |
1996 PLC 385
|
| Laws Involved |
Balochistan Industrial Relations Act, 2010,
Payment of Wages Act, 1936,
Railways Act, 1890,
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
41,
2(ii),
3(4),
2(b)(f)(g)(i)
|