| Case ID |
735c7727-1e1a-4a81-b502-cdec3cc35689 |
| Body |
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| Case Number |
KAR 70 of 2000 |
| Decision Date |
May 10, 2001 |
| Hearing Date |
May 10, 2001 |
| Decision |
The appeal arose from the order dated 30th May, 2000 of Sindh Labour Court No. 1, Karachi, which allowed the grievance petition filed by respondent Habibur Rehman and ordered reinstatement with back benefits. The respondent claimed to have been employed with M/s. Al Hadi Textile (Pvt) Ltd. as a helper without a written appointment order and was removed without a written order. The Labour Appellate Tribunal found that the respondent failed to prove the employer-employee relationship, as he could not provide sufficient evidence or documentation to support his claims. The Tribunal emphasized that the burden of proof lay with the respondent, which he failed to discharge. Consequently, the Labour Court's decision was set aside, and the appeal was allowed. |
| Summary |
In the case of M/s. Al Hadi Textile (Pvt) Ltd. vs. Habibur Rehman, the Labour Appellate Tribunal of Sindh dealt with the complexities surrounding the employment relationship under the Industrial Relations Ordinance (XXIII of 1969). The respondent claimed employment as a helper, alleging wrongful termination without a proper appointment or termination order. Key issues included the burden of proof and the necessity for documentary evidence to establish the employment relationship. The Tribunal concluded that the respondent's oral assertions were insufficient to prove his claims, as he failed to present any independent evidence or documentation. The Tribunal's ruling underscored the importance of clear employment documentation and the legal obligations of both parties in employment disputes. This case serves as a critical reference for similar employment law cases, emphasizing the need for proper employment records and compliance with labor laws. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
M/s. Al Hadi Textile (Pvt) Ltd.,
Sindh Labour Court No. 1
|
| Judges |
MUNAWAR ALI KHAN
|
| Lawyers |
Muhammad Tasnim,
Zafar Farooqui
|
| Petitioners |
Messrs AL HADI TEXTILE (PVT.) LTD.
|
| Respondents |
HABIBUR REHMAN
|
| Citations |
2001 SLD 2242,
2001 PLC 635
|
| Other Citations |
1997 PLC 13,
2001 PLC 223
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25 A,
38(3)
|