| Case ID |
f9c7562b-e95d-4172-a732-97cef2608c95 |
| Body |
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| Case Number |
18(23) of 1978 |
| Decision Date |
Jul 31, 1978 |
| Hearing Date |
|
| Decision |
The case revolves around the termination of service of an individual workman under the Pakistan Essential Services (Maintenance) Act. The court held that the Commission had jurisdiction to hear the petition filed by the individual workman. It was emphasized that proper procedures must be followed, particularly regarding the issuance of show-cause notices and providing copies of findings from domestic inquiries. The decision highlighted the necessity of adhering to mandatory requirements before terminating an employee's service to ensure fairness and due process. |
| Summary |
This case addresses significant employment law issues within the framework of the Pakistan Essential Services (Maintenance) Act and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. The National Industrial Relations Commission ruled on the procedural requirements for terminating an employee. It underscored the importance of due process, including the necessity of issuing second show-cause notices and complying with inquiry findings. The decision has implications for labor rights and employer responsibilities in Pakistan, making it a pivotal case for understanding labor law enforcement and employee protections. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Pakistan Mineral Development Corporation
|
| Judges |
Bashir Ahmad Malik
|
| Lawyers |
Sadiq Muhammad Warraich,
Khawaja Mohammad Forooq
|
| Petitioners |
Gul Rahim
|
| Respondents |
Project Manager, Pakistan Mineral Development Corporation, Salt Quarries, Jatta
|
| Citations |
1979 SLD 985,
1979 PLC 240
|
| Other Citations |
P L D 1977 Lah. 998,
1975 S C M R 46,
P L D 1977 Kar. 37,
1977 S C M R 213,
1973 S C M R 455,
P L D 1972 Lah. 699,
P L D 1976 Lah. 209,
1976 P L C 38
|
| Laws Involved |
Pakistan Essential Services (Maintenance) Act (LIII of 1951),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
6,
15(4)
|