1988 PLP 968 (PLC(CS))
MUHAMMAD ASHIQ and 16 others Versus Messrs SHAHEEN AIRPORT SERVICES, KARACHI
| Citation | 1988 PLP 968 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Sind |
| Bench Members | Ali Nawaz Budhani, Appellate Tribunal |
| Parties | MUHAMMAD ASHIQ and 16 others Versus Messrs SHAHEEN AIRPORT SERVICES, KARACHI |
Q1: What are the key laws and sections cited in 1988 PLP 968 (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 968 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Sind bench comprising: Ali Nawaz Budhani, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 968 (PLC(CS)) (MUHAMMAD ASHIQ and 16 others Versus Messrs SHAHEEN AIRPORT SERVICES, KARACHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Junaid Farooqi for Appellants.
- Samiullah Khan for Respondent.
- Date of hearing: 28th March, 1988.
- 5. I have heard at length Mr. Junaid Farooqi, the learned Advocate for the appellants and Mr. Samiullah Khan, the learned Counsel on behalf of the respondent establishment and have also perused the record and proceedings of the case. I have also carefully and thoroughly examined all the documents of secret in nature which had been referred by the learned Labour Court in its impugned order and were also kept in safe custody. At the very outset, I would observe here that the learned Labour Court had discussed at length each and every factual as well as legal aspect of the case before passing the well reasoned impugned order and so, I would uphold the same. It is an admitted position that for all employments in the respondent establishment, people have to obtain Entry/Security Passes from the A.S.F. and other Government agencies, responsible for the security of the restricted areas in Airport, so that they should perform their duties smoothly with frill confidence and trust. In the present cases, the admitted position is that the services of all the appellants severe terminated only on the sole ground that the Entry/Security Passes of these appellants were withdrawn by the A.S.F. authorities. There is nothing also on record on behalf of the appellants to prove that the services of the appellants were dispensed with as a measure of victimization on account of their bona fide trade union activities. It is a settled principle of law that the burden to prove this allegation against the respondent establishment was upon the appellants which they had failed to do so, However, Mr. Junaid Farooqi, the learned Advocate for the appellants has argued that it is at the behest of the respondent establishment that the Entry Passes of the appellants were withdrawn. I find, from the confidential report that it was not so. It maintains, as under:‑
- 7. On the other hand, Mr. Samiullah Khan, the learned Advocate for the respondent establishment in view of the above admitted factual, legal and secret facts of the case, had added nothing new in his arguments which he had submitted before the learned Labour Court in support of his case.
Headnotes / Summary
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑ ‑‑‑S. O. 12‑‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38 (3)‑ Airport Security Service‑‑Termination of service simpliciter‑‑Service involving sensitive aspect of security of Airport, employment required verification of antecedents and confidence of employees by Government Agencies‑‑Employee reported as not having confidence of such Agencies and his security pass with drawn and services terminated‑‑Nothing on record available to prove victimization on account of trade union activities against employee‑‑Appellate Tribunal having examined secret record was satisfied about the reasons of termination‑‑Order of Labour Court dismissing grievance petition against termination order maintained by Appellate Tribunal.
Judgment & Decree
4. SAPS‑093‑MirzaJaved Baig Loader
5. SAPS‑554‑Rchm Ali Loader
6. SAPS‑120‑Khan Afser Loader
7. SAPS‑226‑Altaf Mahmood Loader
8. SAPS‑384‑Salccm Qureshi Loader
9. SAPS‑153‑Akhtar Zaman Driver
10. SAPS‑150‑Sattar Eqpt. Optr.
11. SAPS‑195‑M. Aslam Khan Driver
12. SAPS‑035‑Noor Muhammad E'(fpi. t)ptr.
13. SAPS‑306‑Qurcsh Khan Driver
14. SAPS‑240‑M. Ashraf Driver
15. SAPS‑033‑Shcr Alam Eqpt. Optr.
16. SAPS‑466‑Arshad Iqbal Driver
17. SAPS‑479‑Javed Akhtar Driver I, therefore, request that they may please be taken away from the real forthwith.
6. In view of the above facts, I would hold that the termination of the services of the appellants was quite correct and it must be maintained. The learned Labour Court had done nothing wrong in upholding the termination of the services of all these seventeen appellants.
7. On the other hand, Mr. Samiullah Khan, the learned Advocate for the respondent establishment in view of the above admitted factual, legal and secret facts of the case, had added nothing new in his arguments which he had submitted before the learned Labour Court in support of his case.
8. For the reasons discussed by them above, I see no reason to interfere with the impugned order and would accordingly maintain the same. The result would be that all these seventeen (17) appeals arc hereby dismissed. A.E./1277/Lb.S. Appeals dismissed.