Case Details

Citation(s)
2019 SLG 3354 2019 SLD 3354 2019 PLC 268
Sindh High Court
C.Ps. Nos. 7369 and 7370 of 2015, decision Dated: 16-11-2018. Hearing Dated: 13-11-2018.
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Muhammad Ali Khan
Respondent(s) by: Rafiullah

MESSRS SINDH CLUB THROUGH SECRETARY AND ANOTHER

VS

MAZHAR HUSSAIN AND OTHERS

Law: Industrial Relations Ordinance, 2002

Section: 2(xxx),46

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,118

Law: Standing Orders Ordinance, 1968

Section: 2(i)

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 2(i)

Industrial Relations Ordinance (XCI of 2002)--- ----Ss.46 & 2(xxx)--- Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)---Grievance petition---Baker and cook of a club---Termination from service---Worker/workman---Determination of---Principles---Employees were terminated from service against which grievance petition was accepted and they were reinstated with back benefits---Contention of respondent was that employees were not permanent workers and they could not be reinstated into service with back benefits---Validity---Duties assigned to the employees were of manual nature which did fall within the ambit of a worker and workman---Concurrent findings rendered by the Courts below could not be interfered with unless some question of law or erroneous appreciation of evidence was made out---Courts below had dilated upon the issues in an elaborative manner and recorded its findings by appreciating the evidence of the parties---High Court in constitutional jurisdiction could not interfere in concurrent findings recorded by the competent fora below---No illegality, infirmity or material irregularity had been pointed out in the impugned s passed by the Courts below---Constitutional petition was dismissed, in circumstances. Dilshad Khan Lodhi v. Allied Bank of Pakistan and others 2008 SCMR 1530 and General Manager National Radio Telecommunication Corporation Haripur, District Abotabad v. Muhammad Aslam and others 1992 SCMR 2169 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.---- Through these captioned Constitution petitions, the Petitioner-Club has impugned the Judgments dated 20.10.2015 passed by the learned Sindh Labour Appellate Tribunal (SLAT) in Labour Appeals Nos. KAR-443/2011 and 444/2011, whereby maintained the order dated 25.10.2011 passed by the learned Sindh Labour Court No.1 (SLC) Karachi, reinstating the services of both the private Respondents. 2. The brief facts of the above referred petitions are that Respondent No.1 in C.P. No. D-7369 of 2015 was appointed as Baker in the Petitioner-Club in the year 2006. Respondent No.1 in C.P. No.D-7370 of 2015 was appointed as Cook in the year 2005. Private…
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