Case Details

Citation(s)
1985 SLG 2282 1985 SLD 2282 1985 PLC 978
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-292 to 296 of 1984, heard on 20th May, 1985,
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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MESSRS E. L. M. (PAKISTAN) LTD., KARACHI

VS

Syed ANWAR ALI AND 4 OTHERS

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --S. 2 (i) - Workman-Foreman-Supervising work of workers under him, recommending their increments, promotions, transfer and disciplinary action-Not a workman-Lack of powers of hire and fire not relevant and material-Mere fact that such employee was treated by employer as a workman cannot convert his status into a workman. 1971 P L C 1 ; Rahat Zafar Qureshi v. Star Textile Mills Ltd. 1982 P L C 289 ; Naeem Wahid v. S. L. A. T. 1984 P L C 352 ; 1984 P L C 1353 and 1983 P L C 810 rel. (b) Industrial Relations Ordinance (XXIII of 1969)- --S. 25-A-Grievance petition against termination-Petitioner already in receipt of all dues in full and final settlement-No longer an aggrieved person. 1983 P L C 777 ; Rehman v. Sind Labour Appellate Tribunal 1983 P L C 210 and Taj Muhammad v. Karachi Pipe Mills Ltd. 1983 P L C 977 rel. (c) Industrial dispute- --Retrenchment due to re-organisation on account of loss-Right of employer-Loss sustained by establishment, established by evidence of Chartered Accountants auditing accounts of establishment--­Establishment resorting to retrenchment by abolishing posts-No juniors retained-Labour Appellate Tribunal, in circumstances, setting aside order of Labour Court accepting grievance petition against termination-Industrial Relations Ordinance (XXIII of 1969) Ss, 25-A & 38 (3). Bayer Pharma Limited v. Mirza Hussain Akhtar 1981 P L C 24 ; 1981 P L C 615 ; 1982 P L C 391 ; 1969 P L C 459 and 1983 P L C 1286 ref. Mahmood A. Ghani for Appellants. S. P. Lodhi for Respondents. Date of hearing : 20th May, 1985. DECISION These are five appeals which I propose to dispose them by a single order as the same carry common question of facts and law. The appeals arise of common impugned order, dated 4th November, 1984 by the Labour Court No. I at Karachi. The Labour Court No. 1 bad allowed the petitions under section 25-A, I. R. O., 1969 and directed the res­pondent-company to reinstate all the five respondents in service with full back benefits within a fortnight. The appellant-company filed appeals which I propose to dispose of by this single order. 2.…
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