Case Details

Citation(s)
1989 SLG 1416 1989 SLD 1416 1989 PLC 583
Labour Appellate Tribunal, Sindh
Appeal No. KAR-154 of 1986, decided on 4th December, 1988.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Ch. Latif Saghar for Appellant. S. Zamirul Hassan for
Respondents.

MUHAMMAD ILYAS

VS

Messrs UNITED CARPETS LIMITED, KARACHI

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Grievance petition--Dues--Worker not only received his legal dues but also received ex gratia payment in pursuance of agreement arrived at between management and worker--Worker, held, not an aggrieved person and as such not entit14 to file grievance petition--Order of Labour Court dismissing grievance petition maintained in circumstances. 1975 P L C 744; 1981 P L C 670; 1975 P L C 400; 1975 P L C 205 and 1974 P L C Note 108 at p. 58 ref. DECISION This appeal is directed against the order, dated 13-5-1986, passed by the Sind Labour Court No. 1 at Karachi, dismissing the grievance petition of the appellant. 2. The facts of this appeal, in brief, are that the appellant was admittedly a workman employed with the respondents since 1978. It is alleged by him that on 27-12-1984, he was not allowed to enter the Mills premises and on 12-1-1985, f; was informed that he would not be allowed to resume duties. He contended that his termination of service was illegal and in violation. Standing Order 12. He served grievance notice upon the respondents on 1 3-1985 and subsequently file,; grievance petition which was dismissed by the impugned order. The respondent resisted the grievance petition claiming that due to accumulation of large quantity of finished products and lack of local as well as foreign demand and orders resulted in severe financial crises, therefore, they had reorganised the organization and cut the production and reduced the working force. It is contended that on 15-11-1984, services of 169 junior most workers were terminated including the services of the present appellant. The C.B.A. Workers Union of the respondents took up the matter of retrenchment with the Directorate of Labour and after series of meetings held before the Director Labour, a memorandum of agreement was signed by the management and the United Carpets Workers Union on 4-11-1984 and under the said agreement, the order of retrenchment was withdrawn and all 169 workers were reinstated. Under the agreement, the matter was referred to arbitration and Mr, Shahabuddin Qureshi, Joint Director Labour was appointed as Arbitrator Parties…
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