| Citation(s) |
|---|
| 1979 SLG 876 1979 SLD 876 1979 PLC 5 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-242 of 1976, heard on 18th October 1976. (€ž) West Pakistan Industrial and Commercial Employment (Standing Orders)
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL
Mustafa Kamal Mirza for
Respondent.
Appeal No. KAR-242 of 1976, heard on 18th October 1976. (€ž) West Pakistan Industrial and Commercial Employment (Standing Orders)
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL
Mustafa Kamal Mirza for
Respondent.
MESSRS LUCKY SILK MILLS
VS
KHALIQUR REHMAN
Law:
Section:
DECISION This appeal has been filed against the order of the Labour Court ordering re-instatement with back benefits on an application made under section 25-A, I. R. O. 2. The respondent was working as a weaver on piece rate basis in the Silk Factory of the appellants. There was some allegation of misconduct against him and, therefore, he was charge-sheeted as well as suspended on 23rd February, 1976. Subsequently, enquiry was held and he was found guilty and dismissed from service. Aggrieved by this he served a grievance notice and approached Labour Court under section 25-A, I. R. O. 3. The application was resisted and it was pleaded that Standing Orders Ordinance was not applicable to the industry as it was an industrial establishment and not a commercial establishment. Furthermore, proper enquiry was held and the action was taken on the basis of the result of the enquiry. 4. The Labour Court on the assessment of the evidence came to the conclusion that it was a commercial establishment and proper enquiry was not held and, therefore, the order of dismissal was bad. Aggrieved by this, the present appeal was filed. 5. A plea was taken on behalf of the appellant before the Labour Court that the factory did not employ more than 50 persons and, therefore, Standing Order No. 15 was not applicable. To this the Labour Court stated that the Mill was a commercial establishment employing more than 20 workmen and, therefore, if it was not an industry, it was a commercial establishment and as such was covered by Standing Order No. 15. I must say that the Presiding Officer clearly erred in this. Mill was an industrial establishment where the weaving work was done and it could not be treated to be a commercial establishment. Consequently, according to proviso of section 1 of the West Pakistan Standing Orders Ordinance, 1968, Standing Order No. 15 was…
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