Case Details

Citation(s)
1974 SLG 3060 = 1974 SLD 3060 = 1974 PLC 49
Labour Appellate Tribunal, Punjab
Application No. 39.7 of 1972, decided on 21st August 1972.
Presented By: Muhammad Rafiq Tarar, Chairman
Syed Shabir Hussain for Petitioner. Syed Ali Hussain for
Respondent.

Syed GHULAM HUSSAIN NAQVI

VERSUS

THE CO-OPERATIVE TEXTILE MILLS, KHANEWAL

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2(vii), (xxviii), 35, 25-A, 12, 15

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) S. 2(vii)-& (xxviii)-Cotton Inspector-Performing duties of purchase and stocking of cotton and also incharge of cotton branch-Not incharge of establishment-Not an "employer" but , a workman. (b) Industrial Relations Ordinance (XXIII of 1969) S. 35-Disputes relating to rights of employer and workmen Exclusive jurisdiction of Labour Court-Civil suit instituted earlier on such matters, held, no bar to making application to Labour Court for adjudication of such matter. (c) Industrial Relations Ordinance (XXIII of 1969) S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. Os. 12 & 15 -Termination of service--Workman charge-sheeted for misconduct-No eaquiry held after obtaining his explanation Termination of service ordered subsequently allegedly on account of abolition of post--Record indicating that post abolished only on account of report against workman and not due to other necessity-Termination of s6rvice in circumstances, held, in contravention of S. O. 15, Industrial and Commercial Employ ment (Standing Orders) Ordinance, 1968 and not sustainable under garb of termination simpliciter.                                                                                                                              ORDER Syed Ghulam Hussain Naqvi, ex-Cotton Inspector of the Co-operative Textile Mills Khanewal Limited, Khanewal, has moved this application against the respondent Management under section 25-A of the I. R. O., 1969, for his re-instatement and consequential benefits. The case of the petitioner is that he joined the respondent Mills on 10-1-1968 as Cotton inspector on monthly salary of Rs. 400. His duty was to purchase cotton under the supervision of the Spinning Master and the Administrator. He was also responsible for…
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