Case Details

Citation(s)
1988 SLG 1099 1988 SLD 1099 1988 PLC 472
Labour Appellate Tribunal, Sindh
Appeals No. HYD-225 to 241 of 1987; decided on 4th October, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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ZEAL PAK CEMENT FACTORY LTD.

VS

AHMAD SAEED and 16 others

Law:

Section:

Apprenticeship Ordinance (LIV of 1962)-- ---Apprenticeship Rules, 1966, Rr.19(3) & 23--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)--Apprentice completing original 3 years training but continuing beyond such period--Competent authority giving approval for anther 9 months--Apprentice on completion of extended period, held, could not claim to have been appointed to service--Termination of apprenticeship could not be treated as termination of permanent service--Order of Labour Court awarding re-instatement in service to such apprentice was set aside by Appellate Tribunal. P L J 1979 Lah. 214 held not applicable. Mahmood A. Ghani for Appellant. Bashir Awan for Respondent. Date of hearing: 4th October, 1987. DECISION These are 17 appeals, separately filed by the appellant, establishment, namely, Messrs Zeal Pak Cement Factory Limited, Hyderabad, against a common impugned order, dated 9-7-1987, passed by the Sind Labour Court No. VI, Hyderabad who had allowed the 17 grievance petitions under section 25-A, I.R.O.1969, filed by the respondents directing re-instatement in service with full back benefits. As the legal issues, facts and circumstances of all these 17 appeals are common and similar therefore, I would also dispose of all these appeals by this single decision. 2. Brief facts of the cases are that all these 17 respondents have claimed to have been appointed as Apprentice Mechanics by the appellant establishment with effect from 1-1-1983 under Apprenticeship Ordinance, 1962 for a prescribed period of 3 years which had expired on 31-12-1985. The respondents claimed that they had continued to work in the appellant establishment till 30-2-1986. Further, the claim of the respondents was that according to the established procedure and practice in the appellant establishment they were absorbed as permanent workers with effect from 1-1-1986 and as such they had worked for 9 months upto 30-9-1986 in the capacity of permanent workmen and, however, without any legal justification their services were terminated, vide letter, dated 25-9-1986, falsely treating them, only as apprentices. Therefore being aggrieved, all these 17 respondents had…
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