| Case ID |
5131af3f-d6a1-403e-8e7d-db1f26098f66 |
| Body |
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| Case Number |
KAR 355 of 1998 |
| Decision Date |
Apr 07, 2000 |
| Hearing Date |
Mar 29, 2000 |
| Decision |
The Labour Court dismissed the grievance petition filed by Aziz ur Rehman on the basis that he was not considered a 'workman' under the Industrial Relations Ordinance. The decision emphasized that the appellant's role included managerial and supervisory duties, which excluded him from the definition of a workman entitled to file a grievance petition. The court found that the appellant had admitted to performing duties that involved recommending leave and issuing gate passes, which indicated his managerial responsibilities. Consequently, the Labour Court's decision was upheld, affirming that the termination of the appellant's services was valid. |
| Summary |
In the case of Aziz ur Rehman vs. Messrs Ever Green Industries (PVT), the Labour Appellate Tribunal of Sindh addressed the issue of whether the appellant qualified as a 'workman' under the Industrial Relations Ordinance, 1969. The appellant claimed he had been wrongfully terminated after 16 years of service, asserting he was a permanent worker. However, the court determined that his duties were primarily supervisory, thus disqualifying him from the protections afforded to workmen under the ordinance. This case highlights the importance of clearly defined roles within employment to ascertain rights under labor laws. The tribunal's decision reinforces the legal interpretation of workman status, emphasizing the need for clarity in job functions to avoid disputes over employment termination. The outcome of this case serves as a precedent for similar cases involving managerial roles and the definition of workman in labor disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs Ever Green Industries (PVT)
|
| Judges |
MUNAWAR ALI KHAN,
AZIZ UR REHMAN
|
| Lawyers |
Nazir Yousafzai,
Chaudhry Muhammad Ashraf Khan
|
| Petitioners |
Aziz ur Rehman
|
| Respondents |
Messrs Ever Green Industries (PVT)
|
| Citations |
2001 SLD 2068,
2001 PLC 28
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
2(xxviii),
25 A
|