2010 PLP 407 (PLC)
MUSHTAQ AHMED Versus Messrs HABIB OIL MILLS (PVT.) LIMITED and another
| Citation | 2010 PLP 407 (PLC) |
| Forum / Court | Sindh Labour Appellate Tribunal |
| Bench Members | Justice (R.) Ali Muhammad Baloch, (Chairman) |
| Parties | MUSHTAQ AHMED Versus Messrs HABIB OIL MILLS (PVT.) LIMITED and another |
| Primary Law | Industrial Relations Act (IV of 2008) |
Q1: What are the key laws and sections cited in 2010 PLP 407 (PLC)?
This judgment primarily cites: Industrial Relations Act (IV of 2008) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 407 (PLC)?
The case was heard and decided by the Sindh Labour Appellate Tribunal bench comprising: Justice (R.) Ali Muhammad Baloch, (Chairman).
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 407 (PLC) (MUSHTAQ AHMED Versus Messrs HABIB OIL MILLS (PVT.) LIMITED and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Sabir for Respondent No.1.
- Nemo for Respondent No.2.
- The learned Labour Court will ensure that fees of Mr. Muhammad Nishat Warsi, learned Advocate to the tune of Rs. 5000 (rupees five thousand) be freshly deposited in the court payable to Mr. Muhammad Nishat Warsi at the end of enquiry report. The respondent No.1 will see that the officer appointed the Enquiry Officer who finishes the enquiry within thirty (30) days from today and submitted the report in learned Labour Court in time. The applicant who is present today is directed to appear for enquiry on 8th April, 2010 in the factory of the respondent No.1 at 3-00 p.m. and on all subsequent dates and time. The "reinstatement of the applicant will be made by the respondent No.1 within three days from today i.e. he can be taken on duty from 1st April, 2010, subject to final orders of the learned Labour Court deciding the case on merits as early as possible.
Headnotes / Summary
S. 55(4)(8)
Transfer of grievance petition
Counsel of parties addressed the Tribunal on two matters i.e. revision application and transfer application and they had amicably come to a conclusion which was made part of order of the Tribunal
Counsel for the parties had agreed that applicant be treated having been reinstated, while the earlier orders of the Labour Court could be acted upon and the domestic enquiry be completed within a period of 30 days
Question of back benefits was left open to be decided by the Labour Court
Employer could appoint an officer to conduct the enquiry
Reinstatement of applicant would be made within three days and could be taken on duty, subject to final orders of the Labour Court, deciding the case on merits as early as possible. Ashraf Hussain Rizvi for Applicants.
Judgment & Decree
JUSTICE (Retd.) ALI MUHAMMAD BALOCH, (CHAIRMAN).
Mr. Ashraf Hussain Rizvi, learned counsel for the applicant is present. Mr. Muhammad Sabir, learned counsel for the respondent No.1 is also present. Both the learned counsel addressed the Tribunal on two matters viz. the Revision Application and the Transfer Application and they have amicably come to a conclusion which is made part of order of this Tribunal. This order will dispose of the above two matters, Revision Application bearing No. KAR-107 of 2010 and Transfer Application bearing No. KAR-06 of 2010. The learned counsel for the parties have agreed that the applicant Mushtaq Ahmed be treated having been reinstated, while the earlier orders of the learned Labour Court dated 3-10-2009 and 9-1-2010, may be acted upon, and the domestic enquiry be completed within a period of thirty (30) days from today. As regards the back benefits of the applicant, the question is left open to be decided by the learned Labour Court. The employer may appoint an officer to conduct the enquiry and the officer shall not be the previous Enquiry Officer namely Mr. Owais. The learned Labour Court will ensure that fees of Mr. Muhammad Nishat Warsi, learned Advocate to the tune of Rs. 5000 (rupees five thousand) be freshly deposited in the court payable to Mr. Muhammad Nishat Warsi at the end of enquiry report. The respondent No.1 will see that the officer appointed the Enquiry Officer who finishes the enquiry within thirty (30) days from today and submitted the report in learned Labour Court in time. The applicant who is present today is directed to appear for enquiry on 8th April, 2010 in the factory of the respondent No.1 at 3-00 p.m. and on all subsequent dates and time. The "reinstatement of the applicant will be made by the respondent No.1 within three days from today i.e. he can be taken on duty from 1st April, 2010, subject to final orders of the learned Labour Court deciding the case on merits as early as possible. This disposes of above mentioned two cases, which are inter locutary matters. H.B.T./8/SLT Order accordingly.