Case Details

Citation(s)
1987 SLG 970 1987 SLD 970 1987 PLC 75
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-603 and KAR-604 of 1982, decided on 5th August, 1986
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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A.A. FERNANDES

VS

A.L. FAROOKI & COMPANY

Law:

Section:

. Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1 & S.O. 10-C--West Pakistan Shops and Establishments Ordinance (VIII of 1969), S.18-­Grievance petition--Establishment employing less than 20 persons, registered under Shops and Establishments Ordinance, 1969 was not governed either by provisions of Standing Orders Ordinance or Industrial Relations Ordinance--Grievance petition under S. 25-A, I.R.O. in respect of such establishment, held, was not maintainable--Orders of Labour Court dismissing grievance petitions maintained. Abdul Majeed for Appellant. S.M. Saeed for Respondent. Date of hearing: 5th August, 1986. DECISION These are two separate appeals filed by A.A. Fernandes, the appellant against two separate impugned orders, both dated 24-10-1982, passed by the Sind Labour Court No. V, Karachi. Appeal No.KAR-603/82 is against the impugned order dismissing the grievance petition of the appellant for re-instatement with full back benefits. While, Appeal No. KAR-604/82 is against the impugned order dismissing the grievance petition of the appellant for payment of bonus. As, both the parties as well as their legal and factual pleadings are common in these two appeals, therefore, I propose to dispose both of them by this single decision. 2. In Appeal No.KAR-603/82, the facts are that the appellant was a workman in the respondent-Establishment and was working as Accounts Assistant. That, as the respondent-Establishment was a commercial establishment and the provisions of the Standing Orders Ordinance, 1968 were applicable to it, therefore, the appellant asked the respondents to provide him the copy of the terms and conditions of service applicable to the establishment. That on account of this demand, the appellant incurred displeasure of the respondents, so he was threatened only on this act. That the appellant was removed from service from 11-4-1978, but, junior persons to him were still working on the post of Accounts Assistant and they were performing the same duties, and that the appellant has got right guaranteed and secured to remain…
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