| Case ID |
f7ed2085-8f12-4cc0-8d54-ac2bbadd16a0 |
| Body |
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| Case Number |
Labour Appeal No. 10 of 1979 |
| Decision Date |
Apr 28, 1979 |
| Hearing Date |
Apr 21, 1979 |
| Decision |
The Labour Appellate Tribunal ruled that the appellant was indeed an aggrieved party under section 25-A of the Industrial Relations Ordinance, 1969, as long as his claim remained unsatisfied. The Tribunal found that the Labour Court had erred in dismissing the application based on the appellant's status as an aggrieved party and the limitation period for filing the application. Furthermore, it was established that the period of limitation for pursuing the claim regarding the Group Insurance amount was governed by the Workmen's Compensation Act, which allowed for a three-year limit instead of the three-month limit prescribed under the I.R.O. The case was remitted back to the Labour Court for a final decision regarding the quantum of the amount owed to the petitioner, with no order as to costs. |
| Summary |
This case revolves around the interpretation of the Industrial Relations Ordinance, 1969, particularly section 25-A, which addresses the rights of aggrieved parties. The appellant was employed by the respondent and claimed an amount under a group insurance scheme following the termination of his employment due to alleged defective eyesight. The case highlights the importance of understanding the specific laws and limitations applicable to employment and insurance claims, particularly in the context of the Workmen's Compensation Act and the Standing Orders Ordinance. The Tribunal's decision reinforces the idea that aggrieved parties should have the opportunity to pursue their claims, emphasizing a pro-employee stance in labor disputes. This case serves as a crucial reference for employment law practitioners and advocates focusing on labor rights and insurance claims. |
| Court |
Labour Appellate Tribunal, Balochistan
|
| Entities Involved |
PMDC, Quetta
|
| Judges |
Zakaullah Lodhi,
Amir Khan
|
| Lawyers |
Iftikhar Muhammad,
Nazir Ahmed
|
| Petitioners |
|
| Respondents |
Project Manager, PMDC, Quetta
|
| Citations |
1979 SLD 1088,
1979 PLC 526
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Limitation Act, 1908,
Workmen's Compensation Act, 1923,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
25-A,
29,
10,
S.O. 13-B
|