Case Details

Citation(s)
1984 SLG 1886 1984 SLD 1886 1984 PLC 1444
Labour Appellate Tribunal, Sindh
Appeal No. KAR-67 of 1984, decided on 5th April, 1984.
G. M. KOUREJO, APPELLATE TRIBUNAL

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GHARIB KHAN

VS

TRUSTEES OF PORT OF KARACHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- -- Ss. 2 (xxviii) & 25-A and West Pakistan Industrial and Com­mercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4) - Grievance petition against removal from service for misconduct-Employee of Port Trust Karachi being carried on by and under authority of Federal Government and having statutory rules of Discipline and Conduct for its employees-Cannot invoke provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance and cannot bring grievance petition in respect of removal from service-Workman removed from service not in connection with an industrial dispute No more a "workman" as defined under Industrial Relations Ordinance hence not entitled to grievance petition. Choudhry Rasheed Ahmed for Appellant. Date of hearing: 1st April, 1984. ORDER The appellant was an employee in the Karachi Port Trust, the respon­dents herein, He was removed from service for misconduct. He served a grievance notice on the respondents and then filed an application under section 25-A, I. R. O., 1969 for his reinstatement in the Sind Labour Court No.1 at Karachi. The learned Labour Court dismissed his application for want of jurisdiction. Aggrieved by the order the appellant has come in this appeal. 2. I have heard the learned counsel for the appellant Mr. Choudhry Rasheed Ahmed at considerable length. It was held by the Supreme Court of Pakistan in the case of Trustees of the Port of Karachi v. Abdul Ghani (1), that the Standing Orders are not applicable to the respondents establish­ment by virtue of proviso 1 to section 1, clause (4) of the Standing Orders Ordinance,…
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