Law: Sindh Industrial Relations Act, 2013

Section: 34

Law: Industrial Relations Act, 2012

Section: 33

Law: Sindh Terms Of Employment (Standing Orders) Act, 2015

Section: 16(3)

Sindh Industrial Relations Act (XXIX of 2013)--- ----S. 34---Sindh Terms of Employment (Standing Orders ) Act, 2015, (XI of 2016), S.O.16(3)---Industrial Relations Act (X of 2012), S.33---University employee---Application for reinstatement in service before the Labour Court---Labour Court had returned said application for presenting the same before National Industrial Relations Commission---Order, passed by the Labour Court was with the consent of the parties---Effect---Employee had contended that University had terminated his services without explicit reason in violation of S.O.16(3) and not in connection with any industrial dispute, so the Industrial Relations Act, 2012 was not applicable---Contention of University authorities was that employee had admitted that University had its campus at Islamabad and that Labour Court returned the application of the employee with his consent---Validity---Industrial Relations Act, 2012 was made applicable to establishment situated in Islamabad Capital Territory and also to trans-provincial establishments whose cases with regard to industrial dispute were to be heard by National Industrial Relations Commission; however, with the enactment of Sindh Terms of Employment (Standing Orders) Act, 2015, remedy against removal of an employee in violation of Sindh Terms of Employment (Standing Orders) Act, 2015, would lie in accordance with the provisions of S.34 of the Sindh Industrial Relations Act, 2013 ---Under S.34 of Sindh Industrial Relations Act, 2013 or S.33 of Industrial Relations Act, 2012 , only a worker who was in employment or who had been removed in connection with or in consequence of industrial dispute or whose removal had led to an industrial dispute could seek redressal of his grievance, however, admittedly in the present case, the employee was not removed from employment in connection with any industrial dispute, therefore, the appellant/employee was not a "worker"---Section 34 of Sindh Industrial Relations Act, 2013 having been adopted and made part of the Sindh Terms of Employment (Standing Orders) Act, 2015, so, for the purpose of seeking remedy under Sindh Terms of Employment (Standing Orders) Act, 2015, it…

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