| Case ID |
52903ef9-05d6-4a36-aa2a-486fb114dbdb |
| Body |
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| Case Number |
Labour Appeal No. 02 of 2004 |
| Decision Date |
Apr 27, 2004 |
| Hearing Date |
Apr 27, 2004 |
| Decision |
The appeal was allowed as the Labour Court's judgment was set aside. The respondent was found not to be a workman as no evidence was presented to substantiate that he was performing manual or clerical duties. The court emphasized that the designation does not determine workman status and that the actual duties performed are the key criteria. The Labour Court's decision to reinstate the respondent was deemed based on assumptions without substantive evidence. Therefore, the grievance petition was dismissed. |
| Summary |
The case revolves around the Labour Appeal No. 02 of 2004 decided by the Sindh High Court, which addresses the status of an employee within the context of the Industrial Relations Act. The court examined whether Muhammad Khan Abro, an Officer Grade-III at Muslim Commercial Bank, qualified as a workman under the relevant labor laws. The court found that the Labour Court had made its decision without adequate evidence, as no oral or documentary proof was provided to support the claim that Abro was performing manual or clerical duties. The ruling underscored the importance of actual job functions over titles in determining workman status. The appeal resulted in the Labour Court's order being set aside, highlighting the legal principles surrounding employment classifications in labor law disputes. This case is significant for understanding the nuances of employee categorization, especially in managerial roles, and the implications of such classifications on workers' rights and legal protections in labor disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
National Industrial Relations Commission,
MUSLIM COMMERCIAL BANK LTD.
|
| Judges |
Muhammad Mujibullah Siddiqui, J.
|
| Lawyers |
Mr. Mehmood Abdul Ghani, Advocate for Appellant.,
Mr. Manzoor Ahmed Shaikh, Advocate for Respondent.
|
| Petitioners |
MUSLIM COMMERCIAL BANK LTD., GENERAL MANAGER OFFICE, HYDERABAD through its SENIOR VICE-PRESIDENT
|
| Respondents |
MUHAMMAD KHAN ABRO
|
| Citations |
2005 SLD 3864,
2005 PLJ 24
|
| Other Citations |
1993 SCMR 488
|
| Laws Involved |
Industrial Relations Act, 2012,
Industrial Relations Ordinance, 2002,
Industrial Relation Ordinance, 1968
|
| Sections |
18,
47(3),
18,
47(3),
25-A
|