Case Details

Citation(s)
1977 SLG 1734 1977 SLD 1734 1977 PLC 633
Labour Appellate Tribunal, Punjab
Appeal No. 303 of 1975, decided on 28thFebruary 1976
MALIK LEHRASAP KHAN, PRESIDING OFFICER

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ATHAR JAMIL

VS

THE ADMINISTRATIVE OFFICER, WEST PAKISTAN SOCIETY OF REHABILITATION OF DISABLED PERSONS, LAHORE

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ----S. 25-A read with S. 2(xiv)-Re-instatement-West Pakistan Society for Rehabilitation of Disabled Persons, a charitable institution not earn­ing any profit-Held, not an industry within meaning of Ordinance­----Employee of such institution lacks locus standi to make an application under S. 25-A. Khalid Farooq for Appellant. Muhammad Aslam for Respondent. JUDGMENT Mr. Athar Jameel appellant was employed as Assistant Storekeeper by the West Pakistan Society for Rehabilitation of Disabled Persons, 111-Ferozepur Road, Lahore. He was charge-sheeted in August 1974, for misconduct. Thereafter an enquiry followed and ultimately the Society by its order dated 29thOctober 1974, terminated the services of the appellant with effect from 2nd November 1974, forenoon. He was paid all his dues and also one month's pay in lieu of Notice Pay. The order of termination was formally served on him under the signatures of the Administrative Officer of the Society. The appellant filed an appeal before the Executive Committee. The Committee rejected his appeal on 19th November 1974. On 12th December 1974, the appellant filed application before the Junior Labour Court No. 1, Lahore against the Administrative Officer of the aforesaid Society under section 25-A of the Industrial Relations Ordinance, 1969, seeking his re-instatement with back benefits. He contended that no proper enquiry was held and he was not afforded with an opportunity to­ produce witnesses to explain his position. 2. The respondent-Society resisted the case and pleaded inter alia that the respondent-Society was a charitable non-profit organization established for the rehabilitation of the Disabled Persons. It was neither industrial nor commercial establishment and as such it was not covered by the Industrial Relations Ordinance, 1969. The application was also resisted on merits. 3. Mr. Athar Jameel appellant appeared as his own witness before the ­learned lower Court. 4. On behalf of the respondent Abdul Majid, Assistant Physiotherapist and Masood Beg testified. The relevant documentary evidence i.e. charge-­sheet Exh. P-1/2 show-cause notice, Exh. R-10. Findings of…
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