| Case ID |
f4f93768-583b-45fd-8b0e-ebc403102e2d |
| Body |
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| Case Number |
Revision Petition No. FD-164 of 1982 |
| Decision Date |
Oct 18, 1983 |
| Hearing Date |
|
| Decision |
The revision petition was accepted, overturning the decision of the lower court which had dismissed the grievance petition for reinstatement of the petitioner. The court found that the dispensary operated by the Punjab Employees Social Security Institution was not an independent establishment, and thus, the Industrial Relations Ordinance, 1969 applied to it. The court ruled that the grievance petition under section 25-A was maintainable despite the lower court's ruling, which incorrectly stated that the Ordinance was not applicable. The case was remanded for a decision on the merits. |
| Summary |
This case involves the interpretation of the Industrial Relations Ordinance, 1969 and its applicability to the dispensary run by the Punjab Employees Social Security Institution. The petitioner, Muhammad Ali, was dismissed for alleged misconduct, and his grievance petition for reinstatement was initially dismissed by the lower court on the grounds that the Ordinance did not apply to the establishment. However, the Labour Appellate Tribunal ruled that the dispensary was part of the Social Security Institution and not an independent entity. This ruling emphasizes the importance of recognizing the relationship between subordinate establishments and larger institutions under labor law, particularly in matters of employee rights and grievances. The case highlights the critical legal principles regarding wrongful dismissal and the rights of employees within the framework of industrial relations, making it a significant reference point for future labor disputes. Keywords include 'Industrial Relations Ordinance', 'wrongful dismissal', 'grievance petition', which are crucial for understanding labor rights. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Punjab Employees Social Security Institution
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Munawar Ahmad Javed,
Iftikhar Ahmad Dar
|
| Petitioners |
Muhammad Ali
|
| Respondents |
Director, Punjab Employees Social Security Institution, Faisalabad
|
| Citations |
1989 SLD 1802,
1989 PLC 602
|
| Other Citations |
1982 P L C 137,
1979 P L C 289
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
1(3)(f),
25-A,
1(4),
12(3)
|