| Case ID |
d8460d59-9f2a-44e9-bd98-988420b00fca |
| Body |
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| Case Number |
KAR-333 of 1991 |
| Decision Date |
Feb 23, 1992 |
| Hearing Date |
Feb 18, 1992 |
| Decision |
The appeal was dismissed as the Labour Court's finding that the respondent was a workman was upheld. The termination of the respondent's services was deemed defective due to the lack of stated reasons, which is a requirement under the applicable laws. The court emphasized that the nature of the respondent's duties was clerical, aligning with the definition of a workman under the Standing Orders Ordinance. The employer's failure to provide justifiable reasons for the termination led to the conclusion that the order was liable to be quashed. The case underscored the importance of adhering to procedural requirements in employment termination cases. |
| Summary |
This case revolves around the termination of a clerk, who was promoted to Junior Local Purchase Officer, by Parke Davis and Company Ltd. The Labour Appellate Tribunal considered whether the respondent qualified as a workman under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The tribunal found that despite the designation, the primary duties were clerical in nature. The case highlights the legal definitions pertinent to employment status and the obligations of employers to provide valid reasons for termination. The decision reinforces the need for compliance with legal standards in employment termination proceedings, emphasizing workers' rights. Key laws involved include the Standing Orders Ordinance and the Industrial Relations Ordinance, which protect employees from arbitrary dismissal. The ruling serves as a precedent for similar cases, underscoring the importance of due process in labor relations. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Parke Davis and Company Ltd.
|
| Judges |
AGHA ALI HYDER
|
| Lawyers |
A. Hafiz,
Ali Amjad
|
| Petitioners |
PARKE DAMS AND COMPANY LIMITED, KARACHI
|
| Respondents |
|
| Citations |
1993 SLD 1132,
1993 PLC 93
|
| Other Citations |
Syed Matloob Hassan v. Brooke Bond (Pakistan) Ltd. 1982 PLC 275,
General Manager, Hotel Intercontinental and others v. Bashir A. Malik PLD 1986 SC 103,
Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani PLD 1975 Kar. 342,
Ganga R. Madhani v. Standard Bank Limited and another 1985 PLC 1511,
Bashir Ahmed Zia v. Punjab Labour Appellate Tribunal and another 1982 SCMR 407,
Central Cotton Mills Ltd. v. Sindh Labour Appellate Tribunal and another 1985 PLC 511
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
2(i),
25-A
|