| Citation(s) |
|---|
| 1996 SLG 339 1996 SLD 339 1996 PLC 182 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-383, 389 and 390 of 1994, decision dated: 5-09-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Appeals Nos. KAR-383, 389 and 390 of 1994, decision dated: 5-09-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
MUHAMMAD ASLAM and 2 others
VS
Messrs PAKISTAN STEEL FABRICATING COMPANY LIMITED, KARACHI and another MUHAMMAD ASLAM and 2 others Vs Messrs PAKISTAN STEEL FABRICATING COMPANY LIMITED, KARACHI and another
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i)---Workman---Employees though were designated as foremen and one of them was even designated as Junior Officer, but according to their evidence they were all doing manual work as Technical Assistants---Mere designation or rate of salary were not the criterion to judge whether employees were workers or officers, but it was the nature of their duties which had to be considered for determining that question---Employees in circumstances were workmen and not officers. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 12---Termination of service---Services of employees were terminated without explicitly stating the reasons for such termination in the order of termination in writing---Employer company even if it was a private or public company and had its own rules, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 which was statutory enactment, would yet supersede such other rules---Provisions of S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, would, thus, be applicable in case of employee and order of termination passed in contravention of that Standing Order, was liable to be set aside being illegal. DECISION These were in all nine connected appeals of the workers of Pakistan Steel Fabricating Company (Pvt.) Limited against their order of termination. Pending the proceedings six of the appellants were reinstated in service by the Company while as stated by Mr. Jafri the case of the present three appellants is still pending before the Committee for allowing their re-instatement. The appellants had been in service of this company said to be a subsidiary of Pakistan Steel Mills for approximate ten years. They served in various capacities as Technical Assistants though they were designated as foremen and one of them was even designated as Junior Officer but wording to their evidence they were all doing manual work as Technical Assistants. 3. By an order dated 23-8-1992 their services were terminated. The reason given was…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492