| Citation(s) |
|---|
| 2001 SLG 2240 2001 SLD 2240 2001 PLC 621 |
Labour Appellate Tribunal, Sindh
Appeal NoXAR 76 of 1997, decision dated: 1st April, 1997.
MUSHTAK ALI KAZI, J
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Appeal NoXAR 76 of 1997, decision dated: 1st April, 1997.
MUSHTAK ALI KAZI, J
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MUHAMMAD JAVAID
VS
THE CITY SCHOOL and others
Law:
Section:
Industrial Relations Ordinance (XXPA of 1969) Ss. 2(ix), (xiv), (xxvii) & 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss. 1(4)(a), 2(b), (f) & (i) Grievance petition, maintainability of Teachers, whether workmen Industrial and Commercial Establishment Meaning and scope Schools, hostels and other welfare organizations such as charitable service organisation, run by trust, would not fall within the definition of industrial or commercial establishment nor teachers would come within the definition of workers doing manual, skilled or unskilled work or clerical work as teachers imparted knowledge acquired by them through intellectual studies Imparting of education, could not be considered to be manual or clerical work attracting provisions of Industrial Relations Ordinance, 1969 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, but it was something which had been considered as pious and noble Professors/teachers who occupied the highest position in society as intellectuals in Islam, their work conic not be brought at par with manual labourers or workers Labour Court rightly dismissed grievance petition, holding that schools were not industrial or commercial establishments and teachers were not workers. Mrs. Nishat Aslam v. Messrs Beacon House Public School (Pvt.) Limited 1990 PLC 675; Don Basco High School's case PLD 1989 SC 128; 1980 PLC 305; Jamia Karachi's case ,1981 PLC 403 and 1977 SCMR 66 ref. Shahid Anwar Bajwa for Appellant. Date of hearing: 1st April, 1997. DECISION This appeal arises from order of Fifth Sindh Labour Court, Karachi dismissing grievance petition under section 25 A of the I.R.O. for reinstatement and back benefits filed by an Assistant employed by North. Nazimabad Branch of the City School. ' 2. The appellant was employed as Office Assistant on 4 11 1992 at Nazimabad Branch of City School. He was dismissed from service on 29 8 1993 without holding any, domestic enquiry as provided in the Standing Orders Ordinance. The Office Assistant served grievance notice on respondent City School and the Headmistress and filed grievance petition under…
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