2017 PLP 7 (PLC N)

ALI SAIN DINO METLO, MEMBER.

The appellants have challenged order, dated 30th November 2015, of the Sindh Labour Court No. 03, Karachi, directing them to pay compensation equal to 30 months basic pay last drawn and house rent, if admissible, to the respondent in lieu of his reinstatement in service.

2. Briefly, the facts are that, on 26th March, 2009, the respondent filed application in the Labour Court, contending that he was working as chowkidar in the factory of the appellants since 05th June, 1996, but on 1st October, 2008, the appellants terminated his services wrongfully and verbally without paying him his legal dues for 13 years service he had rendered and, on 20th October, 2008, when he asked them, in writing, to pay him his legal dues, they started enquiry against him and wrongfully dismissed him from service on 10th January, 2009 on a false allegation that he was absent from duty for more than 10 days.

3. In their written reply, the appellants denied to have removed the respondent from service because of demanding his 1egal dues but because he was absent for more than 10 days and the charge was proved against him in an enquiry.

4. The respondent examined himself; while the appellants examined their Manager Labour Affairs, Mr. Shakeel Qureshi. The Labour Court, by its order dated 02nd March, 2011, dismissed the application on the ground that the respondent, being a chowkidar, was not a workman.

5. On Appeal, bearing No.KAR-153/2011, this Tribunal, by order dated 20th May, 2013, remanded the case to the Labour Court to decide it afresh and in its fresh decision the Labour Court directed the appellants to pay the abovementioned compensation to the respondent holding that his dismissal was unlawful but he could not be reinstated in service as he had already crossed the age of 80 years.

6. The respondent, in his letter dated 20th October, 2008, himself demanded his legal dues for 13 years service rendered by him and not reinstatement or compensation in lieu of reinstatement. From this, it is clear that he was not interested to continue the service. He had already crossed his 74 years of age. In such circumstances, when the respondent was not willing to continue the service and demanded his legal dues, there was no justification for the appellants to refuse payment of his legal dues and issue him charge sheet, dated 22nd October 2008, for his absence. The enquiry and dismissal of the respondent was, therefore, mala fide. Accordingly, the dismissal of the respondent is converted into termination simpliciter. He shall be entitled to receive his legal dues such as gratuity, leave encashment etc.

7. As the appellants unlawfully denied legal dues to the respondent and entangled him in litigation for about 08 years, they need to compensate him adequately for decrease in the value (purchasing power) of rupee, due to continuous high rate of inflation prevailing in Pakistan, and loss of time value of money. As a measure to increase the amount reasonably, the appellants are directed to calculate the amount of legal dues at the rate of present minimum wages prescribed under the Minimum Wages for Unskilled Workers Ordinance, 1969, and deposit the same within 30 days, for payment to the respondent. The order of the Labour Court is modified and the appeal is disposed of accordingly. JK/38/SLT Order accordingly.