| Citation(s) |
|---|
| 1987 SLG 1234 1987 SLD 1234 1987 PLC 533 |
Labour Appellate Tribunal, Sindh
Appeal No HYD-98 of 1985 decided on 14th December, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No HYD-98 of 1985 decided on 14th December, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Syed AMIR SHAH
VS
Messrs KARIM COTTON MILLS Ltd., KOTRI
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)----- ---Ss. 2(xxviii) & 25-A/38(3)--Grievance petition, maintainability of-Employee employed as a Jobber, drawing a salary of more than rupees one thousand per mensum and not supposed to do skilled or unskilled manual or clerical job, nor doing any work by his own hands and in fact supervising whole department during duty hours--Employee, held, was not a workman to maintain his grievance petition under S.25-A, Industrial Relations Ordinance. 1981 P L C 871; 1982 P L C 61; 1984 P L C 181; 1984 P L C 1105 and 1114; P L D 1978 Kar. 649; 1981 P L C 871 and 1980 P L C 644. ref. (b) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 25-A & 38(3)--Grievance petition--Termination of services-Employee allegedly gate-stopped on account of some dispute over payment of bonus establishment asserting that services of employee were never terminated by them and that they were prepared to permit employee to join duties if he so desired--Employer as such, held, had no grievance or cause of action to maintain grievance petition before Labour Court under S.25-A and he could join duties if so desired subject to right of establishment to hold inquiry for his admitted unauthorised absence. Muhammad Ishaq Abbasi for Appellant. A. Ghani Khan for Respondent. Date of hearing: 14th December, 1986. DECISION This is an appeal filed by the appellant against an impugned order, dated 21-2-1985, passed by the Labour Court No. VI, Hyderabad, who had dismissed the petition under section 25-A, I.R.O., 1969. 2. The brief facts of the case of the appellant are that he was initially appointed by the respondent Mills as Assistant Jobber and thereafter was promoted as a Jobber in 1979. As, there was some dispute over the payment of bonus to him for the year 1981-82, therefore, he was allegedly gate-stopped on 23-6-1982 and when he protested against this, he was verbally informed by the respondent Mills that his services had been terminated. The appellant then sent a grievance notice on 14-9-1982 and subsequently on 13-10-1982, he filed his grievance petition before the Labour Court mainly on the ground that his lock-out/termination was in…
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