| Case ID |
ee21ef3a-752e-4c12-b66f-c9aa6336fdf9 |
| Body |
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| Case Number |
W.P. No. 11194 of 1991 |
| Decision Date |
Dec 03, 1991 |
| Hearing Date |
Dec 03, 1991 |
| Decision |
The Constitution petition was dismissed in limine as the petitioner, Abdul Hamid Dar, was found to have been promoted to the position of Assistant Engineer, thereby possessing supervisory powers over 40 workmen and the authority to impose penalties. The court held that the status of the petitioner as a 'workman' was invalidated due to this promotion, and the relevant service rules were not applicable. The court ruled that the petitioner had the opportunity to present evidence to support his claim but failed to do so. The decision of the learned Member of N.I.R.C. was upheld, confirming that the petitioner ceased to be a member of the Workers Union. The dismissal was justified as the petitioner did not provide sufficient evidence to counter the claims made against him. |
| Summary |
In the case of W.P. No. 11194 of 1991, the Lahore High Court addressed the question of whether Abdul Hamid Dar, who was promoted to Assistant Engineer, could still be considered a 'workman' under the Industrial Relations Ordinance. The court examined the implications of his promotion, which included supervisory responsibilities and the power to impose penalties on other employees. The petitioner argued that his promotion should not affect his status as a workman; however, the court found that he had not provided adequate evidence to support this claim. The ruling emphasized the importance of the definitions provided within the relevant laws and the necessity for the petitioner to have the opportunity to present his case effectively. Ultimately, the court dismissed the petition, reinforcing the legal interpretation of workman versus employer status. This case highlights key aspects of labor law and the complexities involved when determining employee classifications based on job roles and responsibilities. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
KHALIL-UR-REHMAN, J
|
| Lawyers |
Asmat Kamal Khan
|
| Petitioners |
ABDUL HAMID DAR
|
| Respondents |
N.I.R.C.
|
| Citations |
1992 SLD 1021 = 1992 PLC 911
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
Art. 199,
S.2(xxviii)
|