| Citation(s) |
|---|
| 2001 SLG 2157 2001 SLD 2157 2001 PLC 219 |
Labour Appellate Tribunal, Sindh
Appeal No.KAR 275 of 1999, decision dated: 12-09-2000.
MUNAWAR ALI KHAN, CHAIRMAN
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Appeal No.KAR 275 of 1999, decision dated: 12-09-2000.
MUNAWAR ALI KHAN, CHAIRMAN
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IRSHAD AHMED MIRZA
VS
Messrs MUMTAZ APPARELS (PVT.) LTD. and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 51 Payment of dues Grievance petition Maintainability Workman Definition Services of employee having been terminated verbally without assigning any reason, employee claimed dues to which he was entitled Employer having failed to redress employee's grievances, he filed grievance petition before Labour Court, which was dismissed on the ground that Labour Court had no jurisdiction in the matter and employee should file his case before Commissioner for Wages under Payment of Wages Act, 1936 Employee who was employed in the establishment as Maintenance Operator being charged with duties of doing manual labour, fell within definition of "worker" Employee, in. circumstances, had rightly invoked S. 25 A of Industrial Relations Ordinance, 1969 for payment of his dues Grievance petition under S.25 A of Industrial Relations Ordinance, 1969 could be filed only by "worker" in respect of any right guaranteed or secured to him by or under any law or any award or settlement for the time being in force Employee was a "worker" and wanted employer to pay him his legal dues admissible to him under law Grievance petition filed by employee, was maintainable in circumstances. Rafiullah for Appellan AND S. Rizwan Ahmed for Respondent No. 1.c Date of hearing: 4th September, 2000. DECISION This appeal has arisen from the order, dated 10th September, 1999, of the Sindh Labour Court No.III, Karachi, whereby the Grievance Petition filed by the appellant was dismissed. 2. The appellant's case as stated in his Memo. of Appeal in brief is that he was employed with the respondents (M/s Mumtaz Apparels (Pvt.) Ltd.) as Maintenance Operator, since 5 11 1987. However, on 3 2 1999, he tendered his resignation from his employment, but it was not accepted by the respondents. Accordingly he continued in service until his services were verbally terminated, without assigning any reason on 15 3 1999. Grievance notice, dated 18 3 1999 was sent by the appellant to the respondents wherein he had claimed his dues to the tune of Rs.1,42,800. As respondents failed to redress his grievance by paying Rs. 1,42,800 he filed grievance petition in theβ¦
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