Case Details

Citation(s)
2011 SLG 1556 2011 SLD 1556 2011 PLC 133
National Industrial Relations Commission
No.4A(115)/2010-K/24(134)/2010-K, decision dated: 30-09-2010.
BASHIR AHMED MEMON, MEMBER

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MUHAMMAD SHARIF and 46 others

VS

Messrs KARACHI ELECTRIC SUPPLY COMPANY LIMITED though Chief Executive Officer MUHAMMAD SHARIF and 46 others vs Messrs KARACHI ELECTRIC SUPPLY COMPANY LIMITED though Chief Executive Officer

Law:

Section:

Industrial Relations Ordinance (XXVIII of 1969)-------Ss. 22-A(8)(g) & 15---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)---Unfair labour practice by the employers---Petition against---Stay application---Petitioners were sportsmen engaged by the employers and their engagement was on contract---Terms of appointment showed that appointees were engaged purely on temporary basis and their engagement could be terminated any time without any notice and assigning any reason; and that the petitioner would have no claim for regular appointment; in certain cases it had been mentioned in the engagement orders that their engagement on contract would be from 1-5-2008 to 31-12-2008 and last contract of the petitioners was extended upto 31-12-2010---Employers, in circumstances, were legally as well as morally bound to retain the petitioners with them upto 31-12-2010; and prior to that they were not to be disturbed---Employers were not supposed to discontinue the contract of petitioners and they were entitled to receive all benefits as agreed mutually including their monthly salary/stipend upto 31-12-2010. Ch. Muhammad Ashraf for Petitioners. Faisal Mahmood Ghani for Respondent. ORDER BASHIR AHMED MEMON (MEMBER).--- The present petition has been filed by 47 petitioners under section 22-A(8)(g) read with section 15 of the I.R.O., 1969 claiming themselves to be employed with the respondents as workmen and are employed as Sportsmen on so called yearly basis contract but are in service of the respondents since last 3 to 12 years and their last tenure of contract was made up to 31-12-2010 vide letter dated 14-1-2010 (A.N.). It has been asserted by the petitioners that they were kept on false hopes by the previous management prior to privatization and the management of post privatization has assured them that their services will be intact and continued despite privatization of KESC and shall be appointed permanently after negotiations with CBA on their charter of demands are over but surprisingly despite the fact that charter of demands was concluded the management has issued letter of appointment to the contract employees…
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