Case Details

Citation(s)
1985 SLG 1937 1985 SLD 1937 1985 PLC 539
Labour Appellate Tribunal, Sindh
Appeals No. KAR-154, 155 and 156 of 1984, heard on 8th January, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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JAVED ASLAM AND 2 OTHERS

VS

MESSRS PAKISTAN MACHINE TOOL FACTORY LTD.

Law:

Section:

Industrial dispute---- --Resignation-Meaning-To relinquish, to surrender or to hand over charge-Entails termination of service-Amounts to "employee terminating service"-Termination of service by either side i.e. employer or workman by giving one month's notice contemplated by S. O. 12 (1) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Law does not bar acceptance of resignation - Workman tendering resignation ­Resignation not accepted for exigencies of work-Workman filing grievance petition before Labour Court against order of refusal to accept resignation-Management meanwhile dismissing workman as punishment for misconduct -- Labour Court dismissing grievance petition holding same as having become infructous-Subsequent enquiry and dismissal order passed by Management, in circum­stances, held, wholly irrelevant and not binding on workman who had suo motu resigned in simple terms-Impugned order of Labour Court set aside by Appellate Tribunal and workman having tendered resignation and fulfilled all conditions of termination of service under S. O. 12, held, no longer in service and entitled to all benefits under S. O. 12 (6) and Service certificate - Industrial Relations Ordinance (XXIII of 1969), Ss: 23-A & 38 (3)-West Pakistan Industrial and Commercial Employment. (Standing Orders) Ordinance (VI of 1969), S. O. 12. M. M. Jeelani for Appellants. H. A. Jafery for Respondents. Date of hearing: 8th January, 1985. ORDER These are three appeals, namely, (1) Jawad Aslam, Appeal No. KAR-154-84, (2) Manzar Aslam Qureshi, Appeal No. KAR-155-84, and (3) Syed Pervez Ahmad- Appeal No. KAR-156/84, against a common order of the Sind Labour Court No. IV at Karachi, dated 24th April, 1984, whereby the Labour Court has dismissed the grievance applications of these three appellants by one order. The facts are identical, hence, the order was common. I propose to dispose of the three appeals by this one order. 2. The facts relevant in these appeals are that the three appellants tendered resignations from the employment of the respondent establish­ment on Ist June, 1983, 6th July, - 1983 and 26th May, 1983, respectively. The respondent…
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