| Citation(s) |
|---|
| 1991 SLG 1594 1991 SLD 1594 1991 PLC 361 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-274 of 1989, decision dated: 19-03-1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Appeal No. KAR-274 of 1989, decision dated: 19-03-1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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ZARBAT KHAN and 2 others
VS
Messrs A.E.G. PAKISTAN (PVT.) LTD.
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ----S.Os. 11-A & 12(3)---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Removal from service---Retrenchment---Reorganisation---Appellant was working as Security Guard when his services were terminated due to reorganisation/retrenchment and work of security was given to contractors and management themselves becoming supervisors---No evidence existing on record to show that any Security Guard had been employed by respondent after removal of appellant or that security work was not being done by contractors---Reorganisation by establishment giving work of security on contract basis to a contractor is not prohibited under law---No allegation or proof of any malice or victimisation of appellant worker was found---Held, action of employer could not be termed as mala fide and order of Labour Court rejecting grievance petition of appellant was unexceptionable in circumstances---Order was upheld--Management was, however, directed to make ex-gratia payment to Security Guards who had been removed from service. M.M. Jeelani for Appellants. Mehboob Rizvi for Respondent. Date of hearing: 19th March, 1990. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. III at Karachi, dated 30-3-1989, whereby the grievance petitions filed by the appellants, Amanat Ali and 2 others were dismissed. 2. I have heard appellant Amanat Ali and his Counsel, Mr. M.M. Jeelani and Mr. Mahboob Rizvi, the learned Advocate for the respondents. 3. The brief facts of the case are that the appellant and 3 others, who were working as Security Guards with the respondents were removed from service on account of re-organization vide order dated 4-6-1987. Being aggrieved with the orders, all the 4 workmen filed grievance petitions before the learned Labour Court. All the grievance petitions were consolidated and proceeded with together. One of the workmen, Muhammad Sharif had compromised with the respondents and withdrew his grievance petition. Three remaining workman filed joint appeal in this Tribunal. Out of whom appellants, Zarbat Khan and Zanan Gul had…
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