| Citation(s) |
|---|
| 1976 SLG 759 1976 SLD 759 1976 PLC 335 |
Labour Appellate Tribunal, Sindh
Appeal No. 1064 of 1975, decided on 2nd December 1975.
ABDUL HUMID BALOCH, PRESIDING OFFICER
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Appeal No. 1064 of 1975, decided on 2nd December 1975.
ABDUL HUMID BALOCH, PRESIDING OFFICER
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MESSRS CHLORIDE (PAKISTAN) LTD., KARACIJI
VS
TALAT FARUQ
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ---S. 2(xxiii) and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968). S 2(i)-"Workman" Person employed as Industrial Relations Advisor in Officers Grade with monthly emoluments of Rs. 3 C00-Responsible to advise Management on industrial matters with powers to hire and fire and other managerial and supervisory functions-Powers of hire and fire with drawn subsequently due to misuse of same 94 his part---Mere withdrawal of such powers without reduction in status and emoluments, held, did not alter his position bringing him to that of a "workman". A. A. Shareef for Appellant. S. P. Lodhi for Respondent. DECISION This is an appeal against an order dated 23-8-1975 of Junior Labour Court No. II, Karachi, accepting application under section 25-A of 1. R. O., 1969 and re-instating the respondent-workman in service with full back benefits. The facts giving rise to this appeal are that the respondent was appointed as Industrial Relation Advisor to appellant's Company, on salary of Rs. 2,00 per month with effect from 8-1-1974. Ha was employed in a Management and supervisory category. Following Departments of appellant's Company were placed under his control (1) Personnel. (2) Security. (3) Canteen. (4) Transport. The respondent was issued a job description dated 19-2-1975 which indicated his functions, responsibilities, duties and authorities as Industrial Relations Advisor. It transpired that he was abusing his authority in matters of promotions, transport and confirmation of workmen. On 1-1-1975 he was advised that letters pertaining to probation, confirmation, promotion and transfers of workmen would be signed by the Works Manager. But all other supervisory and administrative functions, responsibilities, duties and authorities of the respondent as Industrial Relations Advisor remained unaffected. There was no decrease or reduction in the salary or emoluments of the respondent who was drawing a total gross salary of Rs. 3,000 nor was he demoted from his position as Industrial Relations Advisor. On 4th January 1975 the respondent was suspended. He was issued with a charge sheet…
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