Case Details

Citation(s)
1996 SLG 607 1996 SLD 607 1996 PLC 632
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-451 to KAR-453 of 1995, heard on 11-02-1996
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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HOTEL METROPOLE (PVT.) LTD., KARACHI through its Executive VicePresident

VS

ABDUL LATEEF and 2 others HOTEL METROPOLE (PVT.) LTD., KARACHI through its Executive VicePresident Vs ABDUL LATEEF and 2 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(viii) & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 12---Employer---Termination of services---Order terminating services of employees was passed by Personnel Manager and challenged contending that Personnel Manager and Administration had no authority to terminate their services---Person who signed order of termination of services of employees was not only Personnel Manager, but was also Administrator and Vice-President, implementing re-organisation scheme of employer establishment---Personnel Manager, thus fell within definition of employer and termination order passed by him could not be termed defective on that account. 1969 PLC 591; Lal Khan v. Punjab Labour Appellate Tribunal 1995 PLC 675 and PIA Shaver v. Rahim Bukhsh 1980 PLC 1224 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 12---Termination of services ---Re-organisation of employer-establishment which was shown to be the reason of termination was challenged alleging that same was mala fide because one of the employees had been elected as General Secretary of Trade Union in the establishment---Mere fact that an employee was elected as office-bearer of the trade union, would not render any action against him to be mala fide---Burden to prove mala fide lay heavily upon employees who alleged mala fides as the main cause prompting action against them---Employees having failed to bring on record anything to suggest trade union activities to be the reason for their termination, their allegation was repelled. M/s. Saifee Development Corporation Ltd., Karachi v. Inamur Rehman 1969 PLC 459 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 12---Termination of services on ground of re-organisation of employer-establishment---Privilege and right of employer to effect any change or improvement in his management by means of re­organisation even…
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