| Citation(s) |
|---|
| 1986 SLG 2275 1986 SLD 2275 1986 PLC 760 |
Quetta High Court
Constitutional Petition No. 90 of 1983, decided on 3rd May, 1986.
NAZIR AHMAD BHATTI AND MIR HAZAR KHAN KHOSO, JJ
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Constitutional Petition No. 90 of 1983, decided on 3rd May, 1986.
NAZIR AHMAD BHATTI AND MIR HAZAR KHAN KHOSO, JJ
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ABDUL HAKIM WARIS
VS
CHIEF EXECUTIVE, INDEPENDENT NEWSPAPERS CORPORATION Ltd. and 3 others
Law:
Section:
(a) Newspapers Employees (Conditions of Service) Act (LVII of 1973)-- ---S. 18--Industrial Relations Ordinance (XXIII of 1969), S.2(xxviii)-Terms 'workman' and 'newspaper employee'--Definition--Industrial Relations Ordinance, 1969 is applicable to newspaper employees--Definition of term 'newspaper employee' being given in Act LVIII of 1973, definition of term 'workman', held, would not apply to a newspaper employee--For purpose of proceedings under Ordinance, 1969, in relation to Industrial dispute, workman would include a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment in connection with or as consequence of such dispute--Definition of term 'newspaper employee', however, would not include such persons within its folds who have resigned--Ex-employee of a newspaper is not covered by the term 'newspaper employee' as defined in Act LVII of 1973. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 2(xxviii) & 25-A--Newspapers Employees (Conditions of Service) Act (LVIII of 1973), S.18--Term 'workman', connotation of--Person employed in managerial or supervisory capacity in newspaper establishment, held would not be covered by definition of term 'workman'--Person voluntarily resigning would no longer be workman and could not invoke provisions of S.25-A, Industrial Relations Ordinance, 1969. Pakistan Railways v. Junior Labour Court No. V and others 1979 P L C 320, Mohabat Khan v. International Forwarding Agency Ltd., Karachi 1980 P L C 655, Abdul Karim Warsi v. Chief-Executive, Independent Newspapers Corporation Ltd. and others 1983 P L C 816 and Messrs Fazal Shafiq Textile Mills Ltd., Karachi v. Rehmat Khan and another 1972 P L C 364 rel. (c) Payment of Wages Act (IV of 1936)-- ---S. 15--Civil Procedure Code (V of 1908), S.9--Arrears of gratuity and provident fund, recovery of--Arrears of gratuity and provident fund being not included in term wages, employee, held, could not seek remedy from forum as provided in S.15 of Payment of Wages Act-Employee's remedy would lie in civil Court for claims of recovery. Pakistan Electrical and Mechanical Construction Ltd. v. Chairman, National Industrial Relations…
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