Case Details

Citation(s)
1991 SLG 1932 1991 SLD 1932 1991 PLC 284
Labour Appellate Tribunal, Sindh
Appeal No. Suk. 123 of 1986, decided on 25th March, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Kadir Bux Memon for Appellants. Nizam-ud-Din Baloch for
Respondents.

VS

MOHARRAM ALI and another vs MOHARRAM ALI and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---West Pakistan Commercial and Industrial Employment (Standing Orders) Ordinance (VI of 1969), S.1, proviso ---Sindh Civil Servants Act (XIV of 1973), S.11---Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, R. 3 Jurisdiction of Labour Court---Appellant a statutory body, adopting statutory Rules of service i.e. Sindh Civil Servants (Efficiency and Discipline) Rules and as such in view of proviso to S.1, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, provisions of said Ordinance were not applicable to employees of appellant---Unless there was any provision in statute under which appellant Organization was established, to the effect that its employees were civil servants within meaning of Sindh Civil Servants Act 1973, employees of appellant, held, were workmen within meaning of definition given in Industrial Relations Ordinance, 1969 and could invoke jurisdiction of Labour Court under S.25-A, Industrial Relations Ordinance, 1969 for enforcement of any right guaranteed to them by any law and not only rights guaranteed to them by Standing Orders Ordinance---Employee neither holding any administrative or managerial post nor his duty being of supervisory nature, therefore was a workman. (b) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---Grievance petition---Workman was employed as Palledar by a statutory body and was prosecuted before Special Judge Anti-Corruption and was placed under suspension---Employee was, however, acquitted by Special Judge where-after he made a number of applications for his reinstatement but in vain---Employee served a grievance notice upon employer and thereafter filed grievance petition before Labour Court---Employer resisted petition and stated that employee after a show-cause notice had been discharged---Neither copy of show-cause notice nor discharge order was produced nor A/D receipt was shown to Labour Court---Held, as no inquiry was proved to have been held before alleged discharge order of Labour Court reinstating employee was unexceptionable. (c) Industrial Relations Ordinance (XXIII of 1969)--…
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