| Case ID |
d807e9a0-74ec-4c0b-a5ea-b9d05761a6d1 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 301-K of 20 |
| Decision Date |
Jul 20, 2000 |
| Hearing Date |
Jul 20, 2000 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's appeal against the judgment of the Sindh High Court which upheld the dismissal of the petitioner from BASF Pakistan (Pvt.) Limited. The court found that the petitioner's dismissal was based on substantial evidence of forgery regarding medical reimbursement claims. The findings of the Labour Appellate Tribunal were neither unjustified nor arbitrary, and the High Court's judgment was free from legal infirmity. Therefore, the leave to appeal was refused, and the petition was dismissed as devoid of merit. |
| Summary |
In the case of SHAMIM HAIDER KAZMI vs PRESIDING OFFICER, IVTH SINDH LABOUR COURT, the Supreme Court of Pakistan addressed the dismissal of an employee, SHAMIM HAIDER KAZMI, from BASF Pakistan (Pvt.) Limited. The petitioner alleged victimization due to union activities and contested the findings that his medical reimbursement claims were based on forged receipts. The court emphasized that interference in findings of fact by tribunals is limited to cases of insufficient evidence or legal errors. The evidence presented supported the conclusion that the receipts in question were indeed fraudulent. The court upheld the decisions of the Labour Court and the Labour Appellate Tribunal, ultimately dismissing the petitioner's appeal and confirming the validity of the dismissal. This case highlights the importance of evidentiary standards in employment disputes and the judiciary's role in maintaining the integrity of tribunals. Key legal principles involved include the interpretation of constitutional rights related to employment and the judicial review process. The ruling reinforces the notion that courts will defer to the factual determinations made by specialized tribunals unless clear legal errors are demonstrated. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
BASF Pakistan (Pvt.) Limited
|
| Judges |
RANA BHAGWAN DAS,
JAVED IQBAL
|
| Lawyers |
Nemo for Respondents
|
| Petitioners |
SHAMIM HAIDER KAZMI
|
| Respondents |
4 others,
PRESIDING OFFICER, IVTH SINDH LABOUR COURT, KARACHI
|
| Citations |
2001 SLD 1951,
2001 PLC 822
|
| Other Citations |
1990 SCMR 837,
PLD 1978 Quetta 17,
PLJ 1978 Quetta 72
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 185,
Art. 185(3)
|