| Case ID |
e2dc0521-2b6f-4d25-bfba-845e570da8e6 |
| Body |
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| Case Number |
Writ Petition No 5651 of 2000 |
| Decision Date |
Sep 18, 2000 |
| Hearing Date |
Sep 18, 2000 |
| Decision |
The High Court dismissed the constitutional petition filed by Rahwali Sugar Mills, upholding the concurrent findings of the Labour Court and the Labour Appellate Tribunal. The decision was based on the principle of 'last come, first go', which was not applied during the termination of the employees, leading to their reinstatement. The Court found that the employees were indeed bank employees, and the reasons for their termination were deemed irrelevant. The judgment emphasized the necessity of adhering to proper procedures for termination as stipulated in the relevant laws. |
| Summary |
In the case of Writ Petition No 5651 of 2000, the Lahore High Court addressed the termination of employees from Rahwali Sugar Mills. The Court ruled that the employees had been wrongfully terminated without following the principle of 'last come, first go', which is essential in employment law. The employees were found to be under the Punjab Provincial Cooperatives Bank Limited, not the Mills, and thus entitled to protections under the Standing Orders. This case highlights the importance of adhering to procedural fairness and the rights of employees in the context of industrial relations. Key legal principles and precedents were cited, including the Industrial Relations Ordinance and relevant sections of the Constitution of Pakistan. The decision reinforces the necessity for employers to comply with established procedures when terminating employees, ensuring job security and fair treatment in the workplace. This ruling serves as a significant reference for future employment disputes and underscores the judiciary's role in protecting employee rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Provincial Cooperatives Bank Limited
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Azam Nazir Tarar for Appellants,
Malik Amjad Pervez for Respondents
|
| Petitioners |
RAHWALI SUGAR MILLS through Administrator
|
| Respondents |
PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE
|
| Citations |
2001 SLD 2044,
2001 PLC 5
|
| Other Citations |
WAPDA and others v. Khanimullah and others 2000 SCMR 879,
Qayyum Nawaz and 9 others v. N. W.F.P. Small Industries Development Board, Peshawar through Managing Director, Kohat Road, Peshawar and 4 others 1999 SCMR 2331,
Yousaf Ali v. Fazal Muhammad Malik and 3 others 1970 SCMR 681
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
12,
13,
25 A,
199,
0.1; Rr. 1 & 3
|