Legal Case Summary

Case Details
Case ID 735c7727-1e1a-4a81-b502-cdec3cc35689
Body View case body.
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)