Case Details

Citation(s)
1982 SLG 1543 1982 SLD 1543 1982 PLC 524
Labour Appellate Tribunal, Sindh
Appeal No. HYD-155 of 1981; heard on 21st December, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL

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MUHAMMAD SHAIQ

VS

MESSRS KOHINOOR BATTERY MANUFACTURERS LTD. AND ANOTHER

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 2(c)-Employer--Production company re-imbursing to Distri­butor emoluments of staff employed by Distributor without any direct connection-Production company, in circumstances, held, not employer of such staff. Pakistan Burmah-Shell Ltd. v. Sind Labour Court No. IV P L D 1978 Kar. 109 rel. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss. 1(4), 2(i) and S. O. 12-Termination of service-Grievance petition before Labour Court-Petitioner must be a "workman" under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Petitioner a sales representative-Not a work­man-Respondent not employing 20 or more employees--Petition in circumstances, held, not maintainable. Johnson & Johnson (Pak.). Ltd. v. Zubair Ahmed 1980 P L C 622; Syed Zahid Hussain v. M/s. Hoechst (Pak.) Karachi 1980 P L C 380 and Pakistan Tobacco Company Ltd. v. Employees' Union P L D 1961 S C 403 rel. Wasiullah Qureshi for Appellant. Bashir Awan for Respondent No. I. Muhammad Ibrahim Soomro for Respondent No. 2. Date of hearing: 21st December, 1981. ORDER The appellant, on` 26th July; 1980 filed a grievance petition before the learned Vlth Labour Court at Hyderabad against the first respondents and the second respondents to the effect that he was employed and working as Sales Representative with the first respondents, Messrs Kohinoor Battery Manufacturers Ltd., since 15th April, 1971 but was subsequently transferred and posted with the Central Agencies, Shahi Bazar. Hyderabad, the second respondents herein, who illegally terminated his services by order dated 31st May, 1980. The appellant in his grievance petition prayed that the orders of his termination of services be set aside and he be re-instated in service with full back benefits. The first respon­dents resisted the grievance petition of the appellant on the ground that there was no relationship of `employer and employee' between the appel­lant and the first respondents and accordingly the Court…
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