| Citation(s) |
|---|
| 1987 SLG 1047 1987 SLD 1047 1987 PLC 193 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-209 of 1984, decided on 20th May, 1986
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. KAR-209 of 1984, decided on 20th May, 1986
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Messrs SARHAD ENGINEERING CO. LTD.
VS
QASIM KHAN
Law:
Section:
. Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A & 38(3) ---Grievance petition--Workman--Voluntary resignation --Effect--Held, an employee continues to be workman after submission of voluntary resignation for purpose of grievance petition under S. 25-A of Ordinance. Gulzar Ahmad for Appellant. Shamsuddin Khalid for Respondent. Date of hearing: 20th May, 1986. DECISION This is an appeal filed by Messrs Sarhad Engineering Co. Ltd. Karachi, against the impugned order, dated 30-8-1984, passed by Sind Labour Court No.l, Karachi. 2. Briefly the facts are that respondent, Qasim Khan was an employee of the appellant management and due to some strained relations with the management, he was obliged to tender his resignation and thereafter, the respondent had filed an application under section 25-A, I.R.O., 1969, claiming an amount of Rs.22,616 as his legal dues from the management. 3. The case of the appellants is that the Head Office of the appellants is situated in N.-W.F.P, therefore, the Labour Court at Karachi had no jurisdiction to entertain the grievance petition of the respondent. Further, that, after having resigned from the employment of the appellants management, the respondent is no more a worker, thus, he is not entitled to file a grievance petition under section 25-A, I.R.O., 1969. On merit, the claim of the respondent was also denied. 4. In the Labour Court an affidavit in evidence was filed by the respondent and he was cross-examined by the appellants management, while, the appellants did not lead evidence. Therefore, in view of the evidence, led and the arguments of both the parties advanced, the learned Labour Court framed the following issues:- "(i) Whether the petition is not maintainable at law? (ii) Whether the petition is time-barred? (iii) Whether the applicant has no right guaranteed under Law? (iv) Whether any right of the applicant has been denied. If so, to what extent? (v) Whether the applicant is entitled to the relief as claimed in para 6 of his petition? (vi) What should the order be? 5. The learned Labour Court has decided the issues in favour of the respondent, but awarded only a sum of Rs.11,620 (Rupees eleven thousand…
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