Case Details

Citation(s)
1997 SLG 606 1997 SLD 606 1997 PLC 115
Labour Appellate Tribunal, Sindh
Appeal No. KAR-95 of 1994, decision dated: 11-03-1996.
MUSHTAQ ALI QAZI, APPELLATE TRIBUNAL

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DISTRICT MANAGER, KARACHI TRANSPORT CORPORATION, KARACHI

VS

ABDUL RAZZAQ and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 25A & 38Workmen's Compensation Act (VIII of 1923), S.2(1)(n), Sched. II, Cl. (xxviii)WorkmanAppealCompetency ofEmployee working as helper in employer's Corporation was reinstated in service by Labour Court and employers Corporation had challenged order of reinstatement in appeal before Labour Appellate TribunalPending appeal Sindh Service Tribunals (Amendment) Act (XXXI of 1994) came into effect according to which servants of employers Corporation became civil servants unless they fell under description of category of workers mentioned in Cl.(xxviii), of Sched. II of Workmen's Compensation Act, 1923Employee being helper did not fall under description of category of workers mentioned in Cl. (xxviii), Sched. II of Workmen's Compensation Act, 1923Labour Appellate Tribunal, thus, had no jurisdiction to deal with appeal filed by employers as employee was to be deemed a civil servant and appeal against him would be abated. Gul Muhammad Soomro, Representative for Appellant. Rafiq Malik for Respondents. Date of hearing: 11th March, 1996. DECISION This appeal by the District Manager, Karachi Transport Corporation is directed against the order of Fourth Sindh Labour Court, Karachi allowing the grievance petition of one Abdul Razzaq helper in the K.T.C. and directing his reinstatement in service with full back benefits. The brief facts are that Abdul Razzaq was employed by this Corporation as a helper on 27111991. He did not do his duties. So, on 4121991 he was chargesheeted and an inquiry was held against him. He was found guilty of misconduct and dismissed from service. The learned Labour Court held…
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