| Case ID |
e0003705-cffe-4036-a13c-09b4b2b9b712 |
| Body |
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| Case Number |
Appeals Nos. HYD-401 to 426 of 1986 |
| Decision Date |
Jan 15, 1989 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal dismissed all twenty-six appeals filed by the appellant, who was convicted for failing to insure his workmen as mandated by the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The Tribunal held that the appellant's admission of not insuring the workmen constituted a clear violation of the Standing Orders. The court reiterated that the obligation to insure workers is a crucial legal requirement for employers. The Tribunal also clarified that the word 'act' in the context of the law includes omissions, thereby reinforcing that failure to act can lead to prosecution under the Ordinance. The fines imposed were deemed lenient, and the Tribunal found no illegality in the Labour Court's decision. |
| Summary |
This case revolves around the obligations of employers under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, specifically concerning the insurance of workmen. The Labour Appellate Tribunal addressed multiple appeals from an employer who had been convicted for failing to ensure that his workers were insured, as required by law. The Tribunal emphasized that both acts of commission and omission could lead to legal consequences under the Ordinance. The decision underscored the importance of compliance with industrial regulations and the responsibilities of employers to protect their workers. The ruling serves as a critical reminder of the legal frameworks in place to safeguard employee welfare in industrial settings. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Kamal Mansoor Alam,
Abdul Sattar Daudputa
|
| Petitioners |
RAMAT FAROOO OF MESSRS MUHAMMAD FAROOQ AND CO.
|
| Respondents |
INSPECTOR OF FACTORIES, HYDERABAD
|
| Citations |
1989 SLD 2455,
1989 PLC 860
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Criminal Procedure Code, 1898,
Industrial Relations Ordinance, 1969
|
| Sections |
7(2),
10-B,
243,
412,
262,
36(3),
38(3)
|