| Case ID |
46767fb4-e432-4cdd-a059-5b6a73f97eed |
| Body |
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| Case Number |
Appeals Nos. LHR-262 and 264 of 1984 |
| Decision Date |
Nov 12, 1984 |
| Hearing Date |
Nov 07, 1984 |
| Decision |
The appeals from the Labour Court's decision are dismissed. The respondent, Muhammad Sham, was wrongly retired by the appellant, Maple Leaf Cement Factory Ltd., without adhering to the provisions of the Standing Orders Ordinance, particularly Standing Order 12(3). The court found that the appellant's claim that the respondent was not a workman was unfounded, as the evidence indicated that the respondent performed work that qualifies under the definition of a workman. The claim for back benefits was also rightly disallowed, as the petitioner failed to prove unemployment during the period of retirement. Thus, the appeals are dismissed, affirming the previous ruling. |
| Summary |
This case revolves around the appeals made by Maple Leaf Cement Factory Ltd. against the decision of the Punjab Labour Court, which mandated the reinstatement of Muhammad Sham without back benefits. The Tribunal examined the legality of the retirement condition imposed on the respondent and concluded that it violated the Standing Orders Ordinance. The court emphasized the importance of proving unemployment for claims of back benefits and established that the respondent's designation did not negate his status as a workman under the relevant laws. The decision highlights critical aspects of labor law, including employee rights and the legal obligations of employers in Pakistan. Trending keywords include: labor law, employee rights, reinstatement, back benefits, and industrial relations. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Maple Leaf Cement Factory Ltd.
|
| Judges |
Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Messrs Muhammad Azam,
Naeem Sultan Butt,
Syed Moin-ud-Din
|
| Petitioners |
Messrs Maple Leaf Cement Factory Ltd.
|
| Respondents |
Muhammad Sham
|
| Citations |
1985 SLD 2170,
1985 PLC 816
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
1(4)(c),
12(3),
25-A
|