| Case ID |
52a997ad-66e7-48a0-ba4d-ad8c38fd0760 |
| Body |
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| Case Number |
KAR-99 of 1991 |
| Decision Date |
Apr 03, 1991 |
| Hearing Date |
Apr 03, 1991 |
| Decision |
This is a Revision Application under section 38(3-a) of I.R.O., 1969 invoking the suo motu revisional jurisdiction of this Tribunal with the prayer to consider the legality and correctness of the order dated 2-2-1991 passed by the learned Presiding Officer, Sindh Labour Court No. 1 at Karachi whereby summons were issued or a complaint filed by the respondent under section 60 of I.R.O., 1969 against the applicants. The tribunal found that the industrial dispute was pending at the relevant time and the Labour Court was competent to decide on its maintainability. The Tribunal observed that the removal of the respondent was bona fide due to re-organisation, and there was nothing illegal or improper in the order of removal. Thus, the Revision Application was dismissed. |
| Summary |
The case revolves around a revision application filed under the Industrial Relations Ordinance (I.R.O.) concerning a termination of service dispute. The Labour Appellate Tribunal of Sindh addressed the legality of the termination which was argued to be a bona fide action due to organizational changes rather than a punitive measure. The court emphasized the importance of resolving whether the termination was mala fide, a question of fact to be determined by the Labour Court after evidence presentation. The outcome reinforces the principle that industrial disputes must be thoroughly examined, particularly when raised by office-bearers of unions. The Tribunal ultimately dismissed the revision application, upholding the findings of the Labour Court. This case highlights the intricacies of industrial relations law and the need for fair adjudication in employment disputes, ensuring that workers' rights are protected while also considering the operational needs of employers. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Jamil Raza Zaidi,
S.P. Lohdi
|
| Petitioners |
MAJEED NIZAMI
|
| Respondents |
DIL MUHAMMAD KHAN
|
| Citations |
1992 SLD 977,
1992 PLC 814
|
| Other Citations |
Syed Momin v. Rashid Textile Mills Ltd. 1987 PLC 852
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
60
|