| Citation(s) |
|---|
| 1986 SLG 1917 1986 SLD 1917 1986 PLC 129 |
Labour Appellate Tribunal, Sindh
Appeals Nos. ~KAR-547 and 548 of 1982, decided on 31st July, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeals Nos. ~KAR-547 and 548 of 1982, decided on 31st July, 1985.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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MUHAMMAD MUDABBIIR
VS
THE DIRECTOR, BUILDING RESEARCH STATION, KARACHI and another
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Government Servants (Efficiency anti Discipline) Rules, 1973, rr. 3 (a), 2 (b) (c) (i) & 3(d)--Employee of Rest-arch Institute dismissed from service--Grievance petition--Meaning and scope of words "calling", "employment" and "service"--Such words, held, are to be controlled by wordings of statute and could not be assigned dictionary meaning--Research institutions could not be termed as "Industry"--Provisions of industrial Relations Ordinance, 1969, therefore, are not applicable to employees of such institutions. 1979 P L C 112; Writ Petition No. 74 0t 1976; P L D 1976 Lah. 1097 and K.G. Old v. Presiding Officer, Punjab Labour Court and others P L D 1976 Lah. 1097 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Word "establishment", meaning and scope--Word "establishment" means any office, which carries work of industrial unit--Employee guided under Rules and Regulations of "Council for work, and Housing Research" was not a worker or workman--Petition under S. 25-A, Industrial Relations Ordinance, therefore, was not competent by such employee of Research Institute. Ali Amjad for Appellant. Fakhruddin Farooqi for Respondents. Date of hearing: 22nd May, 1985. DECISION This decision would dispose of the two cross-appeals; No. KAR-547 of 1982, of Muhammad Mudabbir for the back benefits and the Second Appeal No. KAR-548 of 1982 is of Director, Building Research Station and Chairman, Council for Works and Housing Research, Karachi, against the reinstatement of Muhammad Mudabbir. The appeals arise out of the same impugned order, passed by the Sind Labour Court No. II, Karachi, dated 18-9-1982. The learned Labour Court had reinstated Muhammad Mudabbir, who was dismissed earlier by the Director, Building Research Station, Karachi, and in the same order, he did not give the back benefits to Muhammad Mudabbir. 2. The facts are that one Muhammad Mudabbir was working in the capacity of Laboratory Assistant in the Directorate of Building Research Station, situated at Hub River Road, Karachi and was dismissed on 4-12-1978. Muhammad Mudabbir filed a grievance petition…
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