Legal Case Summary

Case Details
Case ID 5cba3945-0462-4898-a4df-7e5189c039be
Body View case body.
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)