| Case ID |
5cba3945-0462-4898-a4df-7e5189c039be |
| Body |
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| Case Number |
KAR-152 of 1992 |
| Decision Date |
Aug 27, 1992 |
| Hearing Date |
Aug 23, 1992 |
| Decision |
The appeal was dismissed as the appellant was found not to be an aggrieved party. The termination was based on medical recommendations, as the appellant was deemed unfit for the role of ambulance driver due to health issues. The court found that the appellant had received all dues and benefits upon termination, which included gratuity and provident fund. The evidence presented indicated that the appellant was satisfied with the retirement process. The decision upheld the lower court's findings, emphasizing that the termination was carried out according to the relevant provisions of the law, and there was no bias or grudge against the appellant. |
| Summary |
This case revolves around the appeal of an employee whose services were terminated on medical grounds, specifically due to unfitness for the role of an ambulance driver. The Labour Appellate Tribunal upheld the lower court's decision, emphasizing the importance of medical assessments in employment roles that involve critical responsibilities. The case highlights key issues related to employee rights, termination procedures, and the legal framework governing such terminations in Pakistan. The decision reaffirms the principle that an employee who has collected all dues cannot be considered aggrieved under the law, thereby setting a precedent for similar future cases. This ruling is significant for both employees and employers, providing clarity on the implications of health-related terminations and the necessity for proper procedural adherence. The case also references multiple precedents, indicating a consistent judicial approach towards employment law in Pakistan. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
M/s. Futehally Chemicals Limited Karachi,
Premier Tobacco Industries Ltd.,
Climax Engineering Company Ltd.
|
| Judges |
AGHA ALI HYDER,
MUHAMMAD IQBAL
|
| Lawyers |
M. Latif Saghar,
Aftab Ahmed Alvi
|
| Petitioners |
Not available
|
| Respondents |
CORPORATION (PRIVATE) LIMITED, KARACHI
|
| Citations |
1993 SLD 1167,
1993 PLC 134
|
| Other Citations |
1973 PLC 297,
1981 PLC 670,
1985 PLC 400
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
S.O. 12(3)
|