| Case ID |
697bbc3a-a854-40ce-ad64-15bbfd1ff65d |
| Body |
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| Case Number |
KAR-238 of 1988 |
| Decision Date |
Dec 15, 1988 |
| Hearing Date |
Dec 15, 1988 |
| Decision |
The appeal was allowed, and the order of the Labour Court was set aside. The appellant was reinstated with back benefits. The Tribunal found that the appellant, although designated as a 'Trainee Waiter', was indeed a workman under the Standing Orders Ordinance after completing a significant period of service. The Tribunal emphasized that the employer could not evade obligations under the law based on the designation of the employee. The decision highlighted the importance of recognizing the rights of workers irrespective of their titles, reinforcing the legal interpretation of 'workman' as inclusive of those performing tasks for remuneration, even if labeled as trainees. |
| Summary |
This case revolves around the classification of a 'Trainee Waiter' as a workman under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The appellant, Muhammad Mukhtar Khan, argued that after serving for over 8 months, he had acquired the status of a permanent workman, despite being initially appointed as a trainee. The Tribunal examined the definitions of 'workman' and the legal implications of the terms 'hire' and 'reward.' The decision underscored that a trainee who performs work for remuneration cannot be excluded from the definition of a workman, thereby securing rights under the law. The case is significant in labor law, particularly regarding the rights of trainees and the obligations of employers to adhere to statutory employment definitions. It emphasizes the need for fair treatment of all workers, regardless of their employment status, and showcases the legal framework protecting labor rights in Pakistan. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan International Airlines,
Sargroh Vegetable Ghee Mills
|
| Judges |
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL,
MEHMOOD NASIR MALIK
|
| Lawyers |
Abdul Majeed,
Muhammad Humayun
|
| Petitioners |
Muhammad Mukhtar Khan
|
| Respondents |
Messrs HOLIDAY INN, KARACHI
|
| Citations |
1989 SLD 2411,
1989 PLC 790
|
| Other Citations |
Managing Director, Sargroh Vegetable Ghee Mills v. Muhammad Mukhtar Khan 1988 P LC 295,
Pakistan International Airlines v. Sind Labour Court and Others PLD 1980 SC 323,
1980 P L C 718,
1983 P L C 956,
Nasim Ahmed Siddiqui v. Pakistan Machine Tools Factory 1982 P L C 264
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Apprenticeship Ordinance, 1962
|
| Sections |
1,
12(3)
|