Legal Case Summary

Case Details
Case ID f6c33568-c167-4333-9df7-ae55011e50a7
Body View case body.
Case Number KAR-48 of 1996
Decision Date Mar 05, 1996
Hearing Date
Decision The appeal was dismissed as the Labour Court's decision to reinstate the respondent was found to be reasonable. The respondent, Miss Shahnaz Perveen, had been wrongfully retired after 25 years of service when she had the right to continue until the age of 60. The Court emphasized that the introduction of new retirement conditions by the Board of Directors without consent from all employees was invalid, and the early retirement was treated as a form of punishment.
Summary This case revolves around the wrongful early retirement of Miss Shahnaz Perveen from OPAL LABORATORIES (PVT.) LTD after 25 years of service. The Labour Court determined that the company did not have the right to retire her without prior notice and without her consent to the new retirement policy. The ruling emphasized the importance of employee consent to changes in employment terms and highlighted that such an early retirement could be considered punitive. This case is significant in labor law as it reinforces the rights of employees regarding retirement conditions and ensures that companies adhere to established agreements. It serves as a reminder for both employers and employees about the legal implications of employment agreements and the necessity of mutual consent for any changes.
Court Labour Appellate Tribunal, Sindh
Entities Involved OPAL LABORATORIES (PVT.) LTD KARACHI
Judges MUSHTAK ALI KAZI
Lawyers Mr. M. Latif Saghar
Petitioners Messrs OPAL LABORATORIES (PVT.) LTD KARACHI through Factory Manager
Respondents Miss SHAHNAZ PERVEEN
Citations 1996 SLD 562, 1996 PLC 543
Other Citations Not available
Laws Involved West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
Sections S.O. 12