Case Details

Citation(s)
1992 SLG 1102 1992 SLD 1102 1992 PLC 1065
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-262 and KAR-263 of 1990, decided on 27th February, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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1992 P L C 1065 SHAFIQ TEXTILE MILLS LTD., KARACHI

VS

HABIB-UR-REHMAN and another 1992 P L C 1065 SHAFIQ TEXTILE MILLS LTD., KARACHI vs HABIB-UR-REHMAN 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.Os. 12 & 15---Termination of services--­Respondents were working in Doubling Section of employer's Mill---Services of respondents were terminated on ground that work in Doubling Section had been given on contract---Respondents were permanent workers and they had been terminated on ground that management was unable to retain their services ---Respondents were also called upon to collect their legal dues along with one month's pay in lieu of notice---Workers had not pleaded in their grievance petition that they had been victimised but admitted in cross­examination that all the workers in Doubling Section were removed because same was given on contract---No allegation of mala fides had either been made or pleaded---Letters of termination were produced by respondents in Labour Court along with reply statement---No evidence was available to the effect that letters of termination were served prior to specific date---Orders of termination of respondents were upheld but they were allowed dues/pay upto a specified date when order of termination was served upon them. Project Manager, Milco Project Packages Ltd. v. Sarfraz Khan 1983 PLC 622; Hafeezur Rehman v. Vice-President, United Bank Limited 1982 PLC 294; Syed Amir Shah v. Karim Cotton Mills Ltd. 1987 PLC 533; Workers of Bata Shoe Co., Lahqre v. Bata Shoe Co., Ltd. 1971 PLC 1; Shah Hussain v. Kotri Textile Mills 1981 PLC 871; Lyallpur Cotton Mills v. Punjab Labour Appellate Tribunal and others 1991 PLC 32; Umer Din v. Messrs Gulf Airlines 1990 PLC 304 and Zeal Pak Cement Factory Ltd. v. Chairman, West Pakistan Industrial Court, Lahore 1965 PLC 216 ref. . Messrs Emesco Industries Ltd. v. S. Irfan Ahmed 1983 PLC 981 and Muhammad Rauf v. Messrs Makran Fisheries Ltd. and another 1981 SCMR 631 rel. Mahmood Abdul Ghani, Representative for Appellants. Ibne-Ayoob, Representative for Respondents. Date of hearing: 19th February, 1991. DECISION These two appeals are directed against two separate identical orders, both dated 13-11-1990, passed by learned Presiding…
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