PLC 2017

2017 PLP 67 (PLC)

ASHFAQ AHMAD ABBASI Versus PUNJAB LABOUR APPELLATE TRIBUNAL and others

Jurisdiction / Court
Lahore High Court
Decided Date
Writ Petition No.21880 of 2011, decided on 25th January, 2017.
Honorable Judges
Jawad Hassan, J
Case Reference Summary (AEO Optimized)
Citation 2017 PLP 67 (PLC)
Forum / Court Lahore High Court
Bench Members Jawad Hassan, J
Parties ASHFAQ AHMAD ABBASI Versus PUNJAB LABOUR APPELLATE TRIBUNAL and others
Primary Law Industrial Relations Act (IV of 2008)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2017 PLP 67 (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 2017 PLP 67 (PLC)?

The case was heard and decided by the Lahore High Court bench comprising: Jawad Hassan, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2017 PLP 67 (PLC) (ASHFAQ AHMAD ABBASI Versus PUNJAB LABOUR APPELLATE TRIBUNAL and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Industrial Relations Act (IV of 2008)

Representation

  • Asmat Kamal Khan for Petitioner.

Headnotes / Summary

S. 41

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)

Grievance petition

Area Sales Incharge of Tea Company

Termination from service

"Workman"

Determination of

Procedure

Grievance petition filed by the employee was dismissed concurrently

Validity

Nature of duty to be performed by the person but not the job designation would be material to see whether an employee was a "workman" or not

Duties of employee being supervisory and managerial did not fall within the definition of "workman"

If duties of employee were clerical or manual, person would be regarded as "workman"

Employee working as Area Sales Incharge of a company whose duties were managerial and supervisory nature, was not a "workman"

Employee had failed to point out any illegality and irregularity in the impugned judgments passed by the Courts below

Constitutional petition was dismissed. Dilshad Khan Lodhi v. Allied Bank of Pakistan and others 2007 PLC 41; A.D. Abu Baker Weaving v. Banaras Khan 2007 PLC 59; Muslim Commercial Bank v. Shamsul Aulia 2007 PLC 671; Shaukat and others v. Allied Bank of Pakistan MLR 2007 (Labour) 86; Nasir Jamal Qureshi v. Sindh Labour Appellate Tribunal and another 2005 SCMR 1049; Sahibzada K.A.K. Afridi v. Allied Engineering and Services Ltd. through Managing Director and others 2014 PLC 178; Syed Matloob Hassan v. Brooke Bond Pakistan Limited Lahore 1992 SCMR 227; Rana Mukhtar Ahmad v. Punjab Labour Appellate Tribunal and 2 others PLD 1992 SC 118; General Manager, Hotel Intercontinental, Lahore and another PLD 1986 SC 103; Muhammad Younas v. Punjab Labour Appellate Tribunal, Lahore and 3 others 2014 PLC 260 and Athar Ali v. Punjab Labour Appellate Tribunal through Chairman and others 2014 PLC 4 ref. National Bank of Pakistan v. Anwar Shah 2015 SCMR 434; National Bank of Pakistan v. Punjab Labour Court No.5, Faisalabad 1993 SCMR 672; Sadiq Ali Khan v. Punjab Labour Appellate Tribunal and 2 others PLD 1994 SC 273; Ganga R. Madhaani v. Standard Bank Limited and others 1985 SCMR 1511 and Pakistan Tobacco Company Ltd. v. Pakistan Tobacco Company, Employees Union, Dacca and others PLD 1961 SC 403 rel.