| Citation(s) |
|---|
| 1979 SLG 5 1979 SLD 5 1979 PLD 109 |
Sindh High Court
Constitutional Petition No. S-7 of 1977, decision dated: 28th August 1978. dates of hearing : 5th and 7th August 1978
Z. A. CHANNA, J
Noor Muhammad for Petitioners.
Respondent No. 1 (absent). Nasir A. Zahid for
Respondent No. 2
Constitutional Petition No. S-7 of 1977, decision dated: 28th August 1978. dates of hearing : 5th and 7th August 1978
Z. A. CHANNA, J
Noor Muhammad for Petitioners.
Respondent No. 1 (absent). Nasir A. Zahid for
Respondent No. 2
PAKISTAN BURMAH SHELL LTD., KARACHI AND 3 OTHERS
VS
SIND LABOUR COURT No. IV, KARACHI AND ANOTHER
Law: Industrial Relations Ordinance (XXIII of 1969)
Section: 15,53(1A)
Law: Pakistan Essential Services (Maintenance) Act, 1952
Section: 7A
(a) Industrial Relations Ordinance (XXIII of 1969)--- Ss. 15 & 53(1-A)-Unfair labour practice-Relationship of employer anal employee between parties not proved-No proceedings can be taken under Ss. 15 & 53(1-A).-(Industrial dispute]. Pakistan Burmah Shell Ltd. v. Sind Labour Court P L D 1976 Kar. 200 ; D. C. Works Ltd. v. State of Surashtra A I R 1967 S C 264 ; D. C. Dewan M. S. & Sons v. Workers' Union 1966 L L C 260 and British India Engineering Works v. Akhtar Hussain Khan P L D 1969 Kar. 403 ref. (b) Pakistan Essential Services (Maintenance) Act (LIII of 1952) : S. 7-A-Act contains safeguards only in respect of actual termination of employment-Provision in any other law in regard to giving of threats for termination of employment-Held, inconsistent with provisions of Act. Manzoor Ali v. National Bank of Pakistan 1973 P L C 94 ; Employees' Union v. Pakistan Machine Tool Factory 1974 P L C 201 and A. Jawed v. National Industrial Relations Commission P L D 1978 Kar. 64 ref. JUDGMENT This constitutional petition is directed against the institution of proceedings against the petitioners under the Industrial Relations Ordinance, 1969, hereinafter referred to as the I. R. O., on the basis of the complaint made by respondent No. 2. 2. The circumstances which have given rise to this petition are that petitioner No. 1 which is a public limited Company engaged in the business of distribution and marketing of oil and petroleum products, owns and possesses several petrol pumps in Karachi and other places. Petitioners 2 to 4 are its officers and employees. The petitioner-Company owns two types of patrol pumps and stations. Most of the petrol pumps are run and managed by dealers appointed by the petitioner-Company while the other type of its petrol pumps are run and managed by contractors. The petitioner-Company's petrol pump, which is adjacent to Hotel Intercontinental, Karachi, known as Saifee Filling Station, belongs to the second category of petrol pumps and is being run and managed by a contractor. It is stated that this petrol pump was originally being managed and run by Contractor A. N. Borgess, and thereafte-, from 1-12-1972, by Louis Consalves, who…
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