1993 PLP 560 (PLC(CS))
MUHAMMAD INAYAT and another Versus THE PRESIDING OFFICER, IVTH SINDH LABOUR COURT, KARACHI and 7 others
| Citation | 1993 PLP 560 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Agha Ali Hyder, Appellate Tribunal |
| Parties | MUHAMMAD INAYAT and another Versus THE PRESIDING OFFICER, IVTH SINDH LABOUR COURT, KARACHI and 7 others |
| Primary Law | Industrial dispute‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 560 (PLC(CS))?
This judgment primarily cites: Industrial dispute‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 560 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Agha Ali Hyder, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 560 (PLC(CS)) (MUHAMMAD INAYAT and another Versus THE PRESIDING OFFICER, IVTH SINDH LABOUR COURT, KARACHI and 7 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Gohar lqbal for Appellants.
- Abdus Samad for Respondents.
- Date of hearing: 11th March, 1993.
Headnotes / Summary
‑‑‑‑ Termination of service‑‑‑Employees were appointed in Pakistan Steel Mills as Junior Officers, but their services were terminated within one year with immediate effect as they were no more required by employer‑‑‑Employees were asked to collect their pay in lieu of notice as per rules of their employment‑‑‑Employer was a Corporation which was being run under authority of Federal Government with its Statutory Rules of Service, conduct and discipline‑‑‑Relationship between parties thus would be that of master and servant‑‑‑Trial Court had rightly dismissed grievance application of employees holding that their termination was in accordance with terms of appointment which were agreed to by employees.
Judgment & Decree
(v) TERMINATION OF APPOINTMENT: (1) During the period of probation your appointment will be terminable‑‑ (a) by 15 days' notice on either side without any reason being assigned. (b) by the Corporation without any previous notice and without observing any formality if you should be guilty of any insubordination, in?temperance or misconduct of which the Corporation will be the sole judge. (2) After your confirmation in service your appointment will be terminable at any time‑‑ (a) without any notice if the Corporation is satisfied from report of a Medical Officer appointed by it that you have become or are likely for a considerable period, to remain unfit by reason of ill‑health or physical disability, for the proper and efficient discharge of the duties entrusted to you by the Corporation from time to time; (b) by the Corporation without previous notice and without observing any formality if you should be guilty of any insubordination, intemperance or misconduct of which the Corporation will be the sole judge; (c) by three months' notice on either side without assigning any reason or by payment of three months' salary in lieu thereof or, proportionate payment for the un-expired period of notice. (vi) LEAVE: ??????????? ...................................................................... ................................... (vii) MEDICAL FACILITIES: ...................................................................... ................................... (viii) PROVIDENT FUND: ...................................................................... ................................... (ix) GRATUITY: ...................................................................... ................................... (x) OTHER RULES AND REGULATIONS: (a) In all respects your services will be governed by the Rules and Regulations of the Corporation in force from time to time. (b) You will not divulge either directly or indirectly to any person or body any knowledge or information which you may acquire concerning the affairs, property, enterprise and undertaking of the Corporation including the business and trade matters arid secrets. (c) You shall submit yourself to the order of the Corporation and of the officers and authorities under whom you may from time to time be the placed by the Corporation and shall all times obey the Corporation regarding your duties and conduct. (d) You are required to produce original testimonials, educational and domicile certificates. Please acknowledge this letter of offer by way of formal acceptance within a week of its receipts and report for duty to the Corporation as early as possible but not later than 20‑4‑1990. Yours faithfully, for PAKISTAN STEEL MILLS CORPORATION LIMITED. (Sd.) (S. QAMAR ABBAS), Actg. General Manager (A&P),"
7. Mr. Abdus Samad, learned counsel for the respondents maintained that as the Corporation had its own Rules and Regulations the Constitutional and Statutory safeguards will not be available to the appellants. The relationship between the parties will be as of Master and Servant. He has cited a judgment of Division Bench of the Sindh High Court in Constitution Petition No. D‑262 of 1991, disposed of on 28‑5‑1991 namely "Ali Ahmad Jatoi v. Federation of Pakistan and others. The dispute pertained to an en bloc termination of the services of the Junior Officers of the Steel Mill by similar orders. It was clearly laid down therein that the only remedies available to the employees would be to approach the Civil Court for damages and compensation and there was no question of reinstatement, as their removal was in accordance with the terms of their appointments. Reference was made to a number of authorities in which the same view had been taken.
8. In view of this clear pronouncement on the subject, the contention of Mr. Abdus Samad must prevail and it is not necessary to examine the other aspects. I will, therefore, uphold the order and dismiss both the appeals. H.B.T./2183/Lb.S??????????????????????????????????????????????????????????????????????????????? Appeals dismissed.