Case Details

Citation(s)
1991 SLG 307 1991 SLD 307 1991 PLC 542
Labour Appellate Tribunal, Sindh
Appeal No. KAR-309 of 1988, decision dated: 26-10-1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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SHAHEKARBALA TRUST

VS

Syed IQBAL AHMED RIZVI

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders Ordinance (XXII1 of 1969)--- ----Ss.1(4) & 2(b)---Industrial Relations Ordinance (XXIII of 1969), S.25-A --­Termination of services---Services of employee were terminated by employer but Labour Court reinstated the employee---Employers had resisted grievance petition on the ground that they were religious and charitable Trust and West Pakistan Industrial and Commercial employment (Standing Orders) Ordinance, 1968 was not applicable to them and also because they employed less than twenty workers---Evidence produced by employee showing that employer carried on any business which was mentioned in definition of "commercial establishment"--­Evidence of employer showing that it was a charitable, religious and educational trust, its establishment was not notified or declared by Government to be commercial establishment for purpose of Standing Orders Ordinance, 1968---No award or settlement had been produced by employee which he wanted to enforce nor principle of natural justice appearing to have been violated---Held, employee could not invoke jurisdiction of Labour Court under S. 25-A, Industrial Relations Ordinance, 1969, in circumstances---Order of Labour Court was set aside. P L D 1970 Kar. 536 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss.l & 2---Jurisdiction---Hospital run can charitable and on no profit basis would not fall within scope of Ordinance of 1968. Muhammad Tasnim for Appellant; Nemo for Respondent. Date of hearing; 9th October, 1989. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. I at Karachi, dated 14-9-1988, whereby he allowed the grievance petition of the respondent and ordered his reinstatement without back benefits. 2. The facts of the case are that the respondent was admittedly employed as Electrician by appellants on monthly pay of Rs. 800 vide order dated 25-4-1983. His services were terminated vide order dated 30-11-1985 and he was given one month's pay in lieu of notice. Being aggrieved by…
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