| Citation(s) |
|---|
| 1998 SLG 1376 1998 SLD 1376 1998 SCMR 644 |
Supreme Court of Pakistan
Civil Appeal No. 1752 of 1996, decision dated: 16-01-1998
SAIDUZZAMAN SIDDIQUI, NASIR ASLAM ZAHID AND MAMOON KAZI, JJ
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Civil Appeal No. 1752 of 1996, decision dated: 16-01-1998
SAIDUZZAMAN SIDDIQUI, NASIR ASLAM ZAHID AND MAMOON KAZI, JJ
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MUSTEKHUM CEMENT LIMITED through Managing Director
VS
ABDUL RASHID and others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--Ss. 2(xxviii) & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968); S.2 & S.O. 12(3)--Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether respondent (employee) was "workman" or he was performing functions in "supervisory or managerial capacity". (b) Industrial Relations Ordinance (XXIH of 1969)--- ----Ss. 2 (xxviii) & 25-A---Applicability of S. 25-A, Industrial Relations Ordinance, 1969 to "workman" falling within definition of "workmen" in terms of S.2 (xxviii), Industrial Relations Ordinance, 1969---Extent---Persons who had been dismissed, discharged, retrenched, laid off or otherwise removed from employment had been included in definition of S.2 (xxviii), Industrial Relations Ordinance, 1969, but only in cases where such dismissal, discharge, removal etc. was in connection with or as consequence of industrial dispute---Persons who had been dismissed, discharged or removed from service otherwise than in connection with or as consequence of industrial dispute were, however, not included in said definition---Person who had been dismissed, discharged etc. in connection with or in consequence of industrial dispute, could seek redress of his individual grievance in respect of right guaranteed to him; such right, however, would not be available where employee had been dismissed, discharged or removed from service otherwise than in connection with or as consequence of industrial dispute. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 2(i) & S.O. 12(3)---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Services of workman not terminated in connection with or as co-sequence of an industrial dispute---Redress of grievance of such workman--For purpose of redress of such grievance, procedural provisions of S. 25-A, Industrial Relations Ordinance, 1969 have been extended to S.O. 12(3), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, therefore, right to seek redress has been made available to such workman, not…
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