Case Details

Citation(s)
1989 SLG 1571 1989 SLD 1571 = 1989 PLC 790
Labour Appellate Tribunal, Sindh
Appeal No. KAR-238 of 1988, decided on 15th December, 1988.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Abdul Majeed for Appellant.Muhammad Humayun for
Respondents.

MEHMOOD NASIR MALIKvsMessrs HOLIDAY INN, KARACHI

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 1 & 12(3)

(a) Words and phrases-------- Word "hire" connotes compensation for the use of a thing or for labour or service.Black's Law Dictionary rel.(b) Words and phrases-------- Word "reward" means, which is offered or given for some service or attainment; some money paid or taken for doing some act.Black's Law Dictionary rel.(c) Words and phrases-------- Word "stipend" means a salary, settled pay, fixed or regular payment. Black's Law Dictionary rel.(d) Words and phrases-------- Word "any" means all or every as well as some or one and its meaning in a given statute depends upon the context and the subject-matter of the statute.Black's Law Dictionary; Branham v. Minear Tex. Civ. Appeal No. 199 S.W. 2d. 841, 846; Purely v. Inamn, 54 S.E. 2d. 800, 802, 215 S C 243 and Orme v. Atlas & Gas Oil Co. 13 M.W. 2nd 757, 763, 217 Minn. 27 rel.(e) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--------S.Os. 1 & 12(3)--Workman--Trainee waiter, appointed for three months-�Appointment order mentioning that he would not acquire any right or title or lien on any job/post which may be assigned as a part of his training nor would it confer upon him any right and status of employee of company--Allowed stipend during training--Appointment extended from time to time and terminated after about 10 months on ground that contract had terminated--Apprenticeship Ordinance, 1962 not applicable--Plea that on completion of period of 9 months' service he acquired status of a permanent workman and thus termination on that account was illegal and not sustainable, .upheld--Held (i) employer could not contract out of his obligations under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968; while appointed as Trainee Waiter he was working for remuneration and had not been appointed on a job of temporary nature likely to be finished within nine months and mere fact that he was appointed as Trainee waiter would not exclude him from definition of workman.Managing Director, Sargroh Vegetable Ghee Mills v. Muhammad Mukhtar Khan 1988 P LC 295; Pakistan International Airlines v. Sind Labour Court and Other PLD 1980 SC 323…
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