| Case ID |
d515166a-58a4-4dd9-b105-82215dcee24e |
| Body |
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| Case Number |
HYD-102 of 1991 |
| Decision Date |
May 29, 1991 |
| Hearing Date |
May 05, 1991 |
| Decision |
The appeal was dismissed in favor of the respondent, Ghulam Rasool, reinstating him to his position as Chowkidar with full back benefits. The Tribunal emphasized that the determination of whether an employee is a workman is based on the nature of their work rather than their designation. The case highlighted procedural failings on the part of the employer, including the absence of a proper inquiry prior to dismissal and failure to provide notice, thus affirming the Labour Court's decision to set aside the dismissal. |
| Summary |
In the landmark case of HYD-102 of 1991, the Labour Appellate Tribunal, Sindh ruled on the nature of employment classifications under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The case involved Ghulam Rasool, a Chowkidar at Army Welfare Sugar Mills, who was dismissed for alleged misconduct related to absenteeism without due process. The Tribunal underscored that the classification of a workman should be based on the duties performed rather than job titles. This decision is crucial for labor rights, emphasizing fair treatment and due process for workers in Pakistan's industrial sectors. The ruling aligns with precedents set in prior cases, reinforcing the legal framework protecting worker rights against arbitrary dismissal. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
ARMY WELFARE SUGAR MILLS, BADIN
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Raees M. Mushtaq,
Syed Fasahat Hussain Rizvi
|
| Petitioners |
ARMY WELFARE SUGAR MILLS, BADIN through GENERAL MANAGER
|
| Respondents |
GHULAM RASOOL
|
| Citations |
1991 SLD 1961,
1991 PLC 869
|
| Other Citations |
Hotel Intercontinental v. Bashir A. Malik PLD 1986 SC 103,
Security Papers Limited v. Sindh Labour Appellate Tribunal and another PLD 1988 SC 180,
Rab Nawaz v. Sindh Labour Appellate Tribunal and others PLD 1987 Kar. 175
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
15(4)
|