Case Details

Citation(s)
1998 SLG 1273 1998 SLD 1273 1998 PLC 221
Sindh High Court
Constitutional Petitions Nos. D-104 to D-123 of 1996, decision dated: 13-03-1997.
WAJIHUDDIN AHMED AND SAIYED SAEED ASHHAD, JJ

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Messrs TELEPHONE INDUSTRIES OF PAKISTAN (PVT.) LTD. through Manager, Planning and Installation, Karachi

VS

SINDH LABOUR APPELLATE TRIBUNAL through Chairman, Karachi and 2 others

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S. Os. 12 & 15---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Severance of relationship of employer and workmen---Effect of S. Os. 12 & 15 stated as also mode of redress elucidated. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. Os. 12, 13 & 15---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Words "removal", "retrenchment", "discharge" and "dismissal"--­Connotation. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. Os. 12, 13 & 15---Industrial Relations Ordinance (XXIII of 1969), S. 25-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Workmen ---Termination of workmen in first round of litigation was set aside by Labour Court and Labour Appellate Tribunal---Employer giving notice to workmen that they were re-instated and their services being no longer required, were being terminated ---Factum of re-instatement and termination was stated in one and the same notice---Labour Forums in second round of litigation set aside termination of workmen---Validity---Finding of Labour Court having been confirmed in appeal same essentially pertained to avowedly illegal termination of services in contravention of S. Os. 12 & 13--­ Remedy of such termination had been proved under S. 25-A, Industrial Relations Ordinance, 1969---Persons terminated qualified to be "workmen" and their services were proved to have been terminated otherwise than in due course in contemplation of S.O. 12(3)---Such termination would be deemed to be retrenchment for which required procedure was not resorted to, therefore, termination of workmen was rightly set aside by Labour Forums wherein no interference was warranted. Ghulam Sarwar v. Pakistan PLD 1962 SC 142; Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213; Trustees of the Port of Karachi v. Abdul Ghani 1983 SCMR 769; Mobeen Ahmed Siddiqui v. Chairman, Sindh Labour Appellate Tribunal 1991 PLC 780; Matloob Hasan v. Brook Bond Pakistan Limited 1992 SCMR…
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