| Citation(s) |
|---|
| 1977 SLG 1976 1977 SLD 1976 1977 PLC 590 |
Sindh High Court
Constitutional Petition No. 758 of 1973, 03/04/1974
MUHAMMAD HALEEM AND GHULAM RASOOL K. SHEIKH, JJ
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Constitutional Petition No. 758 of 1973, 03/04/1974
MUHAMMAD HALEEM AND GHULAM RASOOL K. SHEIKH, JJ
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Employees Union
VS
Pakistan Security Printing Corporation Ltd., Karachi And Another
Law:
Section:
Keywords: Labour Court, Mines, Management, Petition, Appellate Tribunal, Manufacturing, Constitution, Extension, Conditions, Order, Costs, Petitioner, Evidence, Place, Instances, Establishment, Gratuity, Land, Provident Fund, Premises, Chairman, Orders, Aggrieved Party Result: Petition dismissed JUDGMENT GHULRM RASOOL K SHAIKH, J.-This petition has been filed to challenges the orders passed by the Labour Court and confirmed by the Labour Appellate Tribunal. The respondent is Pakistan Security Printing Corporation Ltd. while the petitioner is the Union of the employees of the Corporation: The factory is situated near Malir. Within the precincts of the factory there is a farm run by the respondent No. 1 in which vegetables are grown for sale. There are also some fruit trees. The Corporation had employed 8 malis to work in the farm. It is the case of the petitioner union that the malls were not being paid' the minimum wages of Rs. 140 per month in accordance with law and other facilities as allowed by the West Pakistan Industrial and Commercial (Standing Orders) Ordinance, 1968 were also denied to them. It was also the case that facilities and benefits available to other workm6n in terms of the Settlement arrived at between the petitioner and the respondent from time to time including the gratuity, provident fund etc. were also not extended to those malis. The malis aggrieved by the denial of the benefits approached the petitioner-Union. Consequently, a representation was made to the respondent who refused to accede to the request made on behalf of the malls. On 9-10-72 an application under section 25-A of the Industrial Relations Ordi nance was made to the Labour Court praying for the extension of all the benefits to the malls. The application was resisted and it was pleaded that the malis were borne on different and separate establishment which was distinct from the establishment working in the Security Printing Press and the number of the malls was less than 20. It was also pleaded that the plantation workers establishment was neither an industrial establishment nor commercial establish ment and, therefore, the Standing Orders Ordinance was hot applicable.…
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