| Case ID |
d7056eaa-be4c-4b68-914f-9585d889342b |
| Body |
View case body. Login to View |
| Case Number |
R. Y. Khan 134 of 1984 |
| Decision Date |
May 22, 1984 |
| Hearing Date |
May 15, 1984 |
| Decision |
The appeal was accepted and the cross-objections dismissed, with the court ruling that the respondent was not entitled to the benefits of the settlement due to having resigned prior to the signing of the settlement. The court held that resignation becomes effective upon reaching the employer, and thus the respondent’s prior resignation precluded him from claiming benefits under the settlement. The argument that the resignation was given under coercion was found to lack merit, and the lower court's decision was overturned. |
| Summary |
In the case of R. Y. Khan 134 of 1984, the Labour Appellate Tribunal of Punjab examined the appeal filed by Lever Brothers (Pakistan) Ltd. against the decision of Punjab Labour Court No. 8. The primary issue revolved around the entitlement of Muhammad Amin to benefits under a settlement signed between the management and the C.B.A. Union, which stipulated that only employees in service at the time of signing would be eligible for benefits. The tribunal concluded that Muhammad Amin's resignation, accepted before the settlement was executed, rendered him ineligible for the benefits. The decision clarified key legal principles regarding the effectiveness of resignation and the binding nature of settlements under the Industrial Relations Ordinance. This case is significant for its interpretation of workers' rights in relation to settlements and resignation procedures, making it relevant for ongoing discussions on labor law and employee rights. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
C.B.A. Union,
Lever Brothers (Pakistan) Ltd.
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Naeem Bokhari,
Malik Suleman
|
| Petitioners |
Muhammad Amin
|
| Respondents |
Lever Brothers (Pakistan) Ltd.
|
| Citations |
1985 SLD 1701,
1985 PLC 244
|
| Other Citations |
1980 P L C 124,
1978 P L C 105
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
39(1)(c),
39(1)(d),
S.O.10(1)
|