Case Details

Citation(s)
1995 SLG 1419 1995 SLD 1419 1995 PLC 680
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-91 to 101 of 1995, decided on 24th April, 1995.
MUSHTAK ALI KAZI APPELLATE TRIBUNAL

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Messrs ALKARAM TEXTILE MILLS (PVT.) LIMITED, KARACHI

VS

MUHAMMAD JAMAL and 10 others

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 12(3) & 20---Termination of service---Services of employees working in various capacities in Weaving Department of Textile Mills, were terminated without notice and without any order in writing giving reasons for their termination---Employees challenged their termination---Contention of employer was that as services of employees had been procured by employer through contractors, employer being owner of mill was not responsible for observance of regulations of Standing Orders, but contractors themselves were responsible for the same---Contention raised by employer was repelled in view of the fact that though services of employees were procured through contractors, but it was a labour contract only as unit of mill was not given on contract basis---Weaving Master of employer was incharge of unit who was responsible for supply of raw material and other services like electricity, water, gas, telephone etc: Contractor who only supplied labour, were not responsible for profits and. losses---Employer's mill and not contractors was responsible for observance of S.O. 20 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Employees whose services were terminated orally were rightly ordered to be reinstated by Labour Court with payment of back benefits. M. Latif Saghar for Appellants. Date of hearing: 24th April, 1995. DECISION Heard Mr. Ch. M. Latif Saghar for the appellants. The 11 workers against whom these appeals have been filed by Al-Karam Textile Mills were working in the Mills in various capacities in the Weaving Department of Al­-Karam Textile Mills. Their service had been procured through a contractor but it was a labour contract only and the Unit of the Mill had not been given on contract basis. The Weaving Master of the appellant was Incharge of this Unit. He was responsible for supply of raw material and other services like electricity, water, gas, telephone etc. The contractor only supplied the Labour and he was not responsible for the profits and losses. Therefore, under section 20 of the Standing Orders…
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