| Case ID |
ee119720-6201-43cb-9a9e-3b6da0449ef1 |
| Body |
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| Case Number |
KAR-271 of 2011 |
| Decision Date |
Sep 02, 2013 |
| Hearing Date |
May 21, 2013 |
| Decision |
The appeal filed by the appellant establishment against the order of the learned Presiding Officer of the Sindh Labour Court # I, Karachi, was dismissed. The respondent worker was found to have been terminated verbally, which violated the provisions of Standing Orders 12(3) and 15(4) of the Ordinance, 1968. The establishment failed to produce any termination letter or evidence of any inquiry conducted against the worker. The court maintained that the respondent should be reinstated with back benefits, including bonuses, and their salary should be adjusted according to the Minimum Wages Act. Thus, the previous order of the Labour Court was upheld. |
| Summary |
In the case of Messrs MEGA AND IN GROUP OF COMPANIE vs. VIJAY ANAND, the Labour Appellate Tribunal of Sindh dealt with a grievance application regarding the termination of a permanent employee, Vijay Anand. The tribunal found that the employee was verbally terminated, which was against the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The establishment could not provide any legal documentation to support its claim of termination, nor did it conduct any inquiry as mandated by law. The ruling emphasized the importance of adhering to proper procedures in employment termination and highlighted employees' rights under the Industrial Relations Act. The decision reinforced the necessity of written communication in employment matters and the obligation of employers to follow due process, thereby ensuring fair treatment in the workplace. This case serves as a critical reminder of the legal standards governing employment relationships and the need for compliance with statutory provisions to avoid disputes. It is essential for employers to document all employment actions thoroughly to protect their interests and uphold the rights of employees. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
ALI MUHAMMAD BALOCH
|
| Lawyers |
Kausar Ali Shar,
Muhammad Irfan Shaikh
|
| Petitioners |
Messrs MEGA AND IN GROUP OF COMPANIE
|
| Respondents |
VIJAY ANAND
|
| Citations |
2014 SLD 357 = 2014 PLC 128
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Industrial Relations Act, 2010
|
| Sections |
12(3),
15(4),
46
|