Case Details

Citation(s)
1981 SLG 2397 1981 SLD 2397 1981 PLC 779
Labour Appellate Tribunal, Sindh
Appeal No. KAR-557 of 1980, heard on 18th August, 1980.
Z. A. CHANNA, APPELLATE TRIBUNAL

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MUHAMMAD SALEEM

VS

CHAIRMAN, KARACHI PORT TRUST

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---- S. 1 (4)-Exclusion from operation of Ordinance-Establishment must have properly framed statutory rues of service, conduct and discipline -Word "framed" - Means enforced or bringing into operation--Draft of rules approved by Board of Trustees of K.P.T. Subsequently approved by Government before promulgation­ Rules, in circumstances, held, properly framed--Jurisdiction Issue--Can be raised at any time -- Jurisdiction--Industrial dis­pute. Mughees Ahmed Samdani for Appellant. Date of hearing : 18th August, 1980. DECISION The services of the appellant, who was employed as a Carpenter in the K.P.T., the respondents herein, were terminated on the ground that he had over-stayed his leave without prior permission. The Medical Certificate submitted by the appellant in support of his contention that he had fallen ill at his native place and was, therefore, unable to report for duty on the expiry of the leave granted, was rejected by the Chairman, K.P.T., despite the fact that it was supported by the Chief Medical Officer. The appellant challenged the orders of termination of his services before the Labour Court which rejected it on the ground that the grievance petition filed by him was barred by limitation. On appeal, this Tribunal held that the grievance petition filed by the appellant is within time and accordingly remanded the case to the learned Labour Court for decision on merits. On remand, the Labour Court has once more dis­missed the appellant's grievance petition, this time on the ground that the claim for reinstatement in service by, the appellant is based on Standing Order 12 (3), but since the Standing Orders are not applicable to the K.P.T., the appellant's grievance petition was not maintainable. In coming to this decision the learned Labour Court relied upon the decision of this Tribunal in the case of Imam Bux v. Trustees of the Port of Karachi (Appeal No. KAR-405 of 1979, decided on 18th December, 1979). The appellant has once more approached this Tribunal in appeal against the said decision. 2. Mr. Mughees Ahmed Samdani, the learned representative of the…
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