| Citation(s) |
|---|
| 1988 SLG 379 1988 SLD 379 1988 PLC 7 |
Sindh High Court
Constitutional Petition No. D-226 of 1981, decided on 12thOctober, 1987.
AJMAL MIAN AND HAIDER ALI PIRZADA, JJ
Rasheed A. Akhound for Petitioner. M.L. Shahanifor
Respondents. Date of hearing. 30th September, 1987.
Constitutional Petition No. D-226 of 1981, decided on 12thOctober, 1987.
AJMAL MIAN AND HAIDER ALI PIRZADA, JJ
Rasheed A. Akhound for Petitioner. M.L. Shahanifor
Respondents. Date of hearing. 30th September, 1987.
Messrs HILALEPAKISTAN PUBLISHERSvsSIND LABOUR COURT N0.1, KARACHI and 2 others
Law:
Section:
(a) Newspaper Employees (Conditions of Service) Act (LVIII of 1973)-- --Ss. 2(d), 17 & 18--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), 5.0.10-B, 11, 12 & 15--Industrial Relations Ordinance (XXIII of 1969), S.25-A-Newspaper employee--Remedy against termination of service--Provisions of Newspaper Employees Act, 1973, held, would apply to "newspaper employee"--Definition of "Newspaper employee" being very wide, would include within its fold whole time journalist and a whole time non-journalist--Provisions of Standing Orders Ordinance 1968, were applicable to every Newspaper establishment other than the provisions contained in S.0.2 & S.0.12(1) & (2) as per S.17 of Act, LVIII of 1973--Editor of a newspaper, however, is excluded from provisions of Ordinance VI of 1968--Standing Orders 10-B, 11, Cls.6 & 8 of S.0.12 & 15 of Ordinance VI of 1968 would apply only to that newspaper establishment which had fulfilled conditions laid down therein--S.18 of Act LVIII of 1973 envisages provisions of Industrial Relations Ordinance applicable to Newspaper employees as same apply to, or in relation to workmen within meaning of the Ordinance subject to proviso that same would not be applicable to a newspaper employee who was employed mainly in managerial or administrative capacity or who being employed in a supervisory capacity or as editor of newspaper performs, functions mainly of managerial nature--Newspaper employee having six persons under him to assist, could not change his status if nature of his duties was not as managerial or supervisory. Rehmat Ali v. The Security Papers Ltd. and another P L D 1982 Kar. 913; Daily Hilal-e-Pakistan v. Sind Labour Appellate Tribunal and others 1984 P L C 395; Messrs Daily Hilal-e-Pakistan v. Sind Labour Appellate Tribunal and other 1985 S C M R 918; 1984 P L C 395 and 1985 S C M R 918 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Newspaper Employees (Conditions of Service) Act (LVIII of 1973), Ss-2, 17 & 18--Newspaper employee--Termination of service-Remedy--Procedure contained in subsections (1) to (4) of S.25-A of Industrial Relations Ordinance, 1969, held, was…
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