| Citation(s) |
|---|
| 2001 SLG 1621 2001 SLD 1621 2001 PLC 337 |
Labour Appellate Tribunal, Sindh
Appeal No.KAR 95 of 1999, decision dated: 23rd November, 2000, hearing DATE : 16-11-2000
MUNAWAR ALI KHAN, CHAIRMAN
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Appeal No.KAR 95 of 1999, decision dated: 23rd November, 2000, hearing DATE : 16-11-2000
MUNAWAR ALI KHAN, CHAIRMAN
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QAISER MIRZA
VS
A.F.K. INDUSTRIES, PLOT N0.57, SECTOR, KARACHIINDUSTRIAL AREAS through Khalid Ahmed QAISER MIRZA Vs A.F.K. INDUSTRIES, PLOT N0.57, SECTOR, KARACHIINDUSTRIAL AREAS through Khalid Ahmed
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) Ss. 2(xxviii) & 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),. Ss. 1(4)(a) & (2(i) Grievance petition Maintainability Employee serving as salesman at Lahore filed grievance petition at Karachi where establishment of employer was situated Contention of employer was that sale point at Lahore was not part of the establishment at Karachi, but was an independent establishment . where less than twenty persons were working Such contention remaining unsettlled Labour Court at Karachi, had no jurisdiction to entertain and decide grievance petition filed by employee Employee, otherwise, being salesman not falling within definition of workman, could not move grievance petition against establishment where less than twenty persons were working Grievance petition was rightly dismissed. by Labour Court in circumstances. 1992 PLC 424 and 1992 SCMR 227 ref. DECISION This appeal is tiled by Qaiser Mirza from the order, dated 5th May 1999 of Sindh Labour Court No. 1 Karachi whereby his grievance petition was dismissed. The appellant's case is that he was appointed as Time Keeper/Store Keeper on 16 9 1993 in the A.F.K. Industries, hereinafter referred to as the respondents. He continued to work in that capacity until January, 1995 when he was assigned some additional duties of maintaining accounts and looking after the godowns. In August 1996 when the respondent set up new Sale point at Lahore; the appellant was transferred to work at the said Sale Point as Salesman. However, prior to his transfer to Lahore 50 persons were employed in the Respondent's' Establishment at Karachi. Even in May, 1998 not less than 30 persons were working in different categories in the Respondents' Establishment. 2. While the appellant was working at Lahore he was involved in a theft case relating to theft of respondents' goods from the gadown situating at Shah Alam' Market Lahore. His involvement took place on report of Mr. Khalid Ahmed brother of Muhammad Arif who claimed to be proprietor of Respondents Establishment at Karachi. Khalid Ahmad was running the business of Establishment at Lahore. Inβ¦
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