Case Details

Citation(s)
1984 SLG 1867 1984 SLD 1867 1984 PLC 1400
Sindh High Court
Constitutional Petition No. D-563 of 1980, decided on 30th May, 1984.
GHOUS ALI SHAH AND FUKHRUDDIN H. SHAIKH, JJ

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Mst. GHOUSIA IQR AR

VS

SIND LABOUR APPELLATE TRIBUNAL, KARACHI AND ANOTHER

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ---S. 2 (b), S. Os. 12, 13 &. 15-Company registered under S. 26, Companies Act, 1913-Objects of company being to levy fees for services rendered by it and also to realise royalty, or sale price in respect of documents or any information produced by company, but such money could only be utilized for running of organisation and promotion of its objects which were entirely non-profit oriented-Company though registered under Companies Act, 1913 but objects of company being rendering of technical assistance to Govern­ment, semi-Government, private organisations and individuals, it was admittedly a non-profit making organisation-Such company, therefore, was not "Commercial Establishment" or "industrial establishment" and its employee was not a "workman" for purposes of S. O. 12 (3) and Standing Orders 12 & 15 could not also be invoked in such a case-Employee of such organisation were governed by terms and conditions of his appointment. Medical Educational Uplift Fund Association of Seventh Day-Adventists in Pakistan v. Sind Labour Court, Karachi and others P L D 1978 Kar. 536; Holy Family Hospital Society v. IIIrd Sind Labour Court and another P L D 1979 Kar. 529; Pakistan National Centre through its Chairman v. Presiding Officer Punjab Labour Court P L D 1976 Lab. 1085 and K. G. Old Principal, Christian Technical Centre Gujranwala v. Presiding Officer, Punjab Labour Court Northern Zone P L D 1976 Lab. 1097 ref. Chamber of Commerce and Industry v. Presiding Officer, Sind Labour Court No. 3 P L D 1979 Kar. 189 distinguished. Ali Amjad for Appellant. Shahenshah Hussain for Respondents. Date of hearing 8th May, 1984. JUDGMENT SYED GHOUS ALI SHAH, J.-----This petition arises out of the decision of the Sind Labour Appellate Tribunal, Karachi dated 12th December, 1979 whereby the order of the IInd Sind Labour Court, Karachi was set aside as it found that there was no cause for interference by the Labour Court in the termination of services of the petitioner by the Investment Advisory Centre of Pakistan. The brief facts are that the petitioner was appointed as a…
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