| Citation(s) |
|---|
| 1961 SLG 325 1961 SLD 325 1961 PLD 613 |
Supreme Court of Pakistan
Civil Appeal No. 40 of 1961, decided on 13th November 1961.
A. R. CORNELIUS, C., J, S. A. RAHMAN, FAZLE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Akhlaque Husain Senior Advocate Supreme Court (Ihsanul-ul-Haq Advocate Supreme Court with him) instructed by Amjad Hussain Attorney for Appellant.
Civil Appeal No. 40 of 1961, decided on 13th November 1961.
A. R. CORNELIUS, C., J, S. A. RAHMAN, FAZLE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Akhlaque Husain Senior Advocate Supreme Court (Ihsanul-ul-Haq Advocate Supreme Court with him) instructed by Amjad Hussain Attorney for Appellant.
MAPLE LEAF CEMENT FACTORY, DAUDKHEL--Appellant
VS
THE CHAIRMAN, CENTRAL INDUSTRIAL COURT AND OTHERS--Respondents
Law:
Section:
(a) Industrial Disputes Ordinance (LVI of 1959)------- ----S. 30 -Temporary employee employed for specific job-Service terminated on job coming to end-S. 30 inapplicable. Held, that the intention of the law (section 30, Industrial Disputes Ordinance, 1959) is to prohibit interference with the conditions of service of workmen during the pendency of dispute and not to impose fresh periods of service inconsistent with the agreement of parties. Section 30 is not intended to take away the right of the employer to employ persons for specific periods or specific jobs in cases where there has been reference to the Industrial Court of some dispute, or to force upon the employer persons whose services are not needed by him. The intention of section 30, Industrial Disputes Ordinance, 1959 could not be to extend the period of employment in case the employment is for a specific period or is only for executing a particular job. The discharge of a person employed for a specific period or for a specific job is not a discharge within the meaning of section 30. Allah Diwaya v. The General Manager, Pak-American Fertilizer Factory, Daudkhel 1960 P L C 1229 and Multan son of Ramzan v. Alakerwal and Gullakhel Collieries 1961 P L C 1443 approved. (b) Industrial Disputes Ordinance (LVI of 1959)---- -----S. 30--Whether "discharge" means only discharge as a punishment (Quaere). JUDGMENT B. Z. KAIKAUS, J. -This is an appeal by special leave against an order of the Central Industrial Court, Karachi, passed under section 31 of the Industrial Disputes Ordinance LVI of 1959 directing that Ghulam Muhammad Khan respondent be re-instated in service. Some disputes having arisen between the Management of the Maple Leaf Cement Factory (the appellant in this appeal) and the Maple Leaf Cement Factory Employees' Union, the matter was referred to the Conciliation Officer under section 5 of the Industrial Disputes Ordinance. No settlement could be effected and the Conciliation Officer having issued a certificate to that effect the Maple Leaf Factory Employees' Union submitted an application to the Industrial Court under section 5 (4) for adjudication and determination of, the industrial disputes.…
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