| Case ID |
d390f541-49d5-49e1-879b-17b8f0222b07 |
| Body |
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| Case Number |
KAR-309 of 1988 |
| Decision Date |
Oct 26, 1989 |
| Hearing Date |
Oct 09, 1989 |
| Decision |
The appeal was allowed, and the order of the Labour Court was set aside. The Labour Court had previously ruled in favor of the respondent, reinstating him without back benefits after his services were terminated by the appellants. However, the appellants argued that as a religious and charitable trust, they were not governed by the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, due to employing fewer than twenty workers. The evidence presented did not establish that the appellants operated as a commercial establishment as defined by the Ordinance. The Tribunal concluded that the respondent could not invoke the Labour Court's jurisdiction under the Industrial Relations Ordinance, 1969, as no rights had been infringed and no applicable laws or awards had been identified by the respondent. |
| Summary |
In the case of SHAHEKARBALA TRUST vs. Syed IQBAL AHMED RIZVI, the Labour Appellate Tribunal of Sindh addressed the termination of employment of the respondent, who was an electrician employed by the appellants. The case revolved around the applicability of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and the Industrial Relations Ordinance, 1969. The appellants contended that as a charitable trust employing fewer than twenty workers, the Ordinance did not apply to them. The Tribunal found that the respondent could not invoke the jurisdiction of the Labour Court under section 25-A of the Industrial Relations Ordinance, as there was no evidence of any violation of guaranteed rights or applicable laws. The decision emphasized the importance of establishing jurisdiction based on the definitions and applicability of the relevant legislation. Ultimately, the Tribunal set aside the Labour Court's order, allowing the appeal. This case highlights key legal principles regarding employment termination and the jurisdiction of labor courts in Pakistan, making it a significant reference for similar future cases. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
SHAHEKARBALA TRUST,
Syed IQBAL AHMED RIZVI
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Muhammad Tasnim,
Nemo
|
| Petitioners |
SHAHEKARBALA TRUST
|
| Respondents |
Syed IQBAL AHMED RIZVI
|
| Citations |
1991 SLD 307 = 1991 PLC 542
|
| Other Citations |
P L D 1970 Kar. 536,
P L D 1976 Karachi 536
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Industrial Relations Ordinance, 1969
|
| Sections |
1(4),
2(b),
25-A
|