| Citation(s) |
|---|
| 1988 SLG 1087 1988 SLD 1087 1988 PLC 458 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-313 and 314 of 1986, heard on 26th July, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeals Nos. KAR-313 and 314 of 1986, heard on 26th July, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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LAL BADSHAH and another
VS
Messrs HUSSAIN TEXTILE MILLS and others
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.0.12(3)-Termination of service--Workman admittedly in service of Contractor in temporary capacity and not an employee of Mills--Labour Court awarded re-instatement by Contractor--Contractor was not governed by provisions of West Pakistan Industri4l and Commercial Employment (Standing Orders) Ordinance, 1968--Order of Labour Court, in circumstances was set aside by Appellate Tribunal. S. M. Kohistani for Petitioner. Itrat Puri for Respondents 2 and 3. Date of hearing: 26th July, 1987. DECISION These are two separate appeals filed by the appellants against a common impugned order, dated 8-10-1986, passed by the Sind Labour Court No.II, Karachi, who had allowed the grievance petition of the worker directing his re-instatement in service with full back benefits by Ahmed Mian, the Contractor. Appeal No. KAR 313 of 1986 is filed by the worker, namely, Lai Badshah s/o Rani Zai against the impugned order directing his re-instatement by the Contractor, namely, Ahmad Mian s/o Bapoo Mian, instead of Messrs Hussain Textile Mills. While, Appeal No. KAR 314 of 1986 is filed by the Contractor, namely, Ahmad Mian challenging the impugned order that under the law, he was not an 'employer' to reinstate the workers. As, the facts and circumstances of both appeals in the impugned order are same and similar, therefore; I would also dispose of both these appeals by this single decision. 2. Brief facts of the case are that the worker claimed to be a permanent Weaver of Messrs Hussain Textile Mills, Landhi, Karachi through the Contractor, namely, Ahmed Mian and as both of them did not comply with the requirements of Labour Laws relating to .the issue of appointment letter, identity card, attendance card, payment of bonus, and leaves etc, he used to ask them to observe the Labour Laws and to make payments of all his legal dues, therefore, the management became annoyed with him and on 2-3-1985, he was dismissed from service orally. The worker further claimed that being aggrieved he served grievance notice and therefore…
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