| Case ID |
f59ae132-d0a8-45be-aacf-ba0bc5f8641b |
| Body |
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| Case Number |
Appeals Nos. SUK-20, 21, 22, 23 and 24 of 1990 |
| Decision Date |
Aug 05, 1990 |
| Hearing Date |
Aug 05, 1990 |
| Decision |
The Labour Appellate Tribunal decided that the appellants, who were employed as workmen, had not resigned and were wrongfully denied entry to the workplace. The Tribunal found the evidence presented by the respondents insufficient to establish that the appellants had resigned. The appeals filed by the four appellants were allowed, and they were ordered to be reinstated with full back benefits. The case highlighted the importance of proper grievance procedures and the burden of proof regarding claims of resignation. |
| Summary |
This case revolves around the dismissal of five workmen from their positions at Indus Flour and General Mills following their formation of a Trade Union. The main contention was whether the workmen had resigned voluntarily or were wrongfully terminated due to their union activities. The Labour Appellate Tribunal found in favor of the workmen, emphasizing the necessity of proper grievance notices and the burden of proof on the employer to substantiate claims of resignation. The decision underscored the protective nature of labor laws, which favor the rights of workers. The Tribunal reinstated the appellants with back benefits, affirming that labor laws are designed to protect the interests of workers against unjust practices. The case serves as a significant reference for labor relations and the legal processes surrounding union activities and worker rights. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
INDUS FLOUR AND GENERAL MILLS
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Nizamuddin Baloch,
Shabbir Ahmed Awan
|
| Petitioners |
,
KHAIR MUHAMMAD
|
| Respondents |
another,
MANAGER, INDUS FLOUR AND GENERAL MILLS
|
| Citations |
1992 PLC 1164,
1992 SLD 1151
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
25-A,
34
|