| Citation(s) |
|---|
| 1993 SLG 1360 1993 SLD 1360 1993 PLC 510 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-154 of 1992, decided on 18th February, 1993.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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Appeal No. KAR-154 of 1992, decided on 18th February, 1993.
AGHA ALI HYDER, APPELLATE TRIBUNAL
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Mrs. AZRA MOHSIN
VS
IMAM HASAN ASKARI (A.S.) and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i)---Grievance petition--Maintainability---Employee whose services were terminated, was working in school which was being run by a Charitable Religious and Educational Trust and its aim and object was to serve needy and disadvantaged people---Trust's funds were raised from donations, from fee realised from students and rents from tenants of Trust buildings---Such school could not be dubbed as industrial or commercial establishment---Trial Court rightly found that jurisdiction of Labour Court was not attracted to the case and employee could not invoke provisions of S. 25-A of Ordinance, 1969---Termiaation order passed against employee, though was open to serious objection, but could not be open to scrutiny in grievance petition before Labour Court. Miss Aslam Nishat v. Beacon's House Public School (Pvt.) Ltd. 1990 PLC 675; Anjuman Faizul Islam v. Pakistan and others 1988 PLC 937; Employees' Union Jamia Karachi v. Registrar of Trade Unions and others 1981 PLC 403; Ghulam Sarwar and another v. Principal, Government Training College, Khairpur 1982 PLC 771 and Seventh Day Adventist Association of Hospitals in Pakistan v. Vth Sindh Labour Court and others PLD 1978 Kar. 536 rel. M.M. Jeelani for Appellant. Mirza Aftab-i-Alam Kizilbash for Respondents. Date of hearing: 11th February, 1993. DECISION The circumstances in which this appeal has been preferred, briefly put, are as under: 2. The petitioner as alleged had been working with the respondents since 1983 as a Librarian. It appears that she had remained on leave for some time and when she reported for duty she was informed by the Principal that her services stood terminated. The termination letter was received on 29-9-1990. As she had been summarily removed from employment, she had given a grievance notice and later on filed the petition before the Labour Court. 3. The petition came to be resisted inter alia on the ground that the respondent was a Charitable Trust by the name of `Shah-i-Karbala Trust Rizvia Society' doing social and charitable service and…
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