| Citation(s) |
|---|
| 1996 SLG 662 1996 SLD 662 1996 PLC 714 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 276-L of 1994, decision dated: 3rd October, 1995
SAAD SAOOD, JAN AND MUHAMMAD ILYAS, JJ
Muhammad Asghar Malik, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record. Muhammad Farooq, Senior Advocate Supreme Court
Civil Petition for Special Leave to Appeal No. 276-L of 1994, decision dated: 3rd October, 1995
SAAD SAOOD, JAN AND MUHAMMAD ILYAS, JJ
Muhammad Asghar Malik, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record. Muhammad Farooq, Senior Advocate Supreme Court
AKHTAR HUSSAIN
VS
CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and 3 others AKHTAR HUSSAIN Vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL and 3 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)---- ----S. 25-A---Constitution of Pakistan (1973),, Art. 185(3)---Petitioner was serving as junior officer in commercial establishment when his services were terminated--- Petitioner's grievance application was dismissed on the plea that he was not a workman---Labour Appellate Tribunal, however, ordered reinstatement of petitioner on the ground that he was a workman---High Court after thorough examination of material on record found that petitioner was not workman and set aside order of his reinstatement---Validity---High Court in a well.-considered verdict on basis of evidence on record had found that petitioner vas not a workman but officer in the establishment---Petitioner was admittedly an officer enjoying supervisory status when his services were terminated, therefore, his claim that he was a workman could not be accepted---Petitioner's .services were terminated in consonance with the terms and conditions on which he had been promoted as an officer---Leave to appeal was refused in circumstances. ORDER MUHAMMAD ILYAS, J.---Facts giving rise to this petition for leave to appeal are that the petitioner, Akhtar Hussain was appointed as a Junior Clerk with the Hoechst Pharmaceutical Pakistan (Pvt.) Ltd., Karachi, on 12th September, 1977. In due course, he was promoted as Junior Officer on 22nd August, 1984. According to clause (3) of the promotion letter, his services were liable to be dispensed with, on one month's notice or pay in lieu thereof. His services were actually terminated with effect from 1st April, 1988 in terms of the aforesaid clause. 2. Feeling aggrieved by the order in this regard the petitioner filed a grievance petition under section 25-A of the Industrial Relations Ordinance, 1969, before the Punjab Labour Court No. 4 at Faisalabad. The petition was opposed by the said Company, hereinafter referred to as the respondent; on the ground that the petitioner was holding an office of managerial, administrative and supervisory nature. The respondent's plea was that in view of the-position held by the petitioner at the time of termination of his services, he was not a workman and, therefore, theβ¦
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