| Citation(s) |
|---|
| 1982 SLG 1533 1982 SLD 1533 1982 PLC 488 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-721 of 1981, decided on 25 the January, 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL
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Appeal No. KAR-721 of 1981, decided on 25 the January, 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL
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IQBAL AHMAD
VS
JAMIAT PUNJABI SAUDAGARANEDELHI
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 1 (4)-Organisation registered under voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961, running library, dispensaries and graveyards for charitable purpose Source of income charities, Zakat and donations of members Neither a "Commercial establishment" nor "industrial establishment"- Grievance petition of employee of such organisation against termination of service-Not maintainable - Grievance petition -Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Medical Education Uplift Fund Association of Seventh Day Adventists in Pakistan v. Vth Labour Court, Karachi and another P L D 1978 Kar. 536 and Employees' Union, Jamia, karachi v. Registrar of Trade Unions, Sind and 2 others 1981 P L C 403 rel. Yousaf Khan for Appellant. Date of hearing: 25th January, 1982. ORDER This appeal is directed against the decision of the learned IVth Labour Court given on 25th November 1981 dismissing the grievance petition of the appellant against the termination of his services be the respondent Jamiat, on the ground that as the said Jamiat was neither an industrial nor a commercial establishment for the purposes of that Sind Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, the appellant's grievance petition was not maintainable. 2. It appears from the evidence recorded by the learned Labour Court that the respondent Jamiat is running a Library where the appellant was employed, besides dispensaries and graveyards. All these institutions are being run for charitable purposes. Furthermore; not only is the respondent Jamiat registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961, but further the Central Board of Revenue, in view of the charitable work being done by the respondent Jamiat, has exempted the contributions made to it from the levy of income-tax. Moreover, the only sources of income of the Jamiat are the charities, zakat and donations received from its members. The respondent Jamiat thus cannot be said to fall within the definition either of commercial establishment or…
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