| Citation(s) |
|---|
| 1990 SLG 1484 1990 SLD 1484 1990 PLC 624 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-283, 284 and 285 of 1989, decided on 4th March, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Rafat Osmani for
Respondents.
Appeals Nos. KAR-283, 284 and 285 of 1989, decided on 4th March, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Rafat Osmani for
Respondents.
FAIZ MUHAMMAD and 4 others
VS
--Appellants in person. FAIZ MUHAMMAD and 4 others vs --Appellants in person.
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i) & S.O. 1(b)---Workman---Whether a workman was a permanent or temporary worker, emphasis, was on nature of work for which he had been employed. (b) Industrial Relations Ordinance (XXIII of 1969)- ----S. 25-A--Permanent worker---Appointment order of some of workers purported to bear their signatures, while appointment order of others not bearing their signatures---Former category of workers, however, denying their signatures on order of appointment---Worker produced Social Security Card wherein he had been shown to be employee of employer---Employer produced appointment order and termination order of worker who denied his signatures on appointment order and admitted his signatures on termination order---Documents on which worker denied signatures had not been properly proved as neither the person before whom they allegedly signed documents had been examined nor documents had been sent to handwriting expert for comparison of signatures of workers with their signatures on admitted documents--Presumption, held, would be against employer and worker to be treated as permanent worker. (c) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i) & S.O. 1(b)---Permanent worker--Worker was first appointed in Soap Factory and factory card showed that work was continuously being done---No evidence was available on record to show that this work was of temporary nature or had been completed---Social Security Card also showing that worker continued in service--Held, worker acquired status of a permanent worker in circumstances. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Termination of service---Worker admitted in cross-examination that he had collected full and final dues at the time of his termination of service--Worker thus was no more an aggrieved person and could not invoke jurisdiction of Labour Court under section 25-A; Industrial Relations Ordinance. (e) Industrial…
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