1984 PLP 783 (PLC)

S. Zamirul Hassan for Applicant. Abdul Majeed for Respondent. Date of hearing : 18th July, 1983. The facts leading up to this sun motu revision briefly stated are that Muhammad Ehtishamuddin was initially employed with the Messrs Pakistan Paper sack Corporation Limited on 6th December, 1975 as permanent workman (Driver). He was confirmed on 5th March, 1976. On 10th August, 1981, be was transferred by an order, dated 9th August, 1981 to Messrs Baluchistan Laminates, 6th Floor, Hirani Centre, I. 1 Chundrigar Road, Karachi, where he worked till 8th September, 1981. On 7th September, 1981 he was reduced so far as basic wages were concerned and was offered a new service with a probationary period of 3 months at the factory situated at Hub Chowki in the Province of Baluchistan. He protested against this transfer inasmuch as he filed a Civil Suit challenging his order of transfer wherein he was granted an interim injunction but ultimately the civil court finding his suit not maintainable, vacated the injunction as well as dismissed the suit. He fell ill with the result that he was granted leave and on having recovered from it, when he appeared to resume his duties he was found having remained absent without leave since 26th October, 1981 and after holding a domestic enquiry he was dismissed from service by an order, dated 10th February, 1982. He served a grievance notice on Messrs Pakistan Paper sack Ltd., as well as Messrs Baluchistan Laminates, 6th Floor, Hirani Centre, 1. I. Chundrigar Road, Karachi and filed a grievance petition under section 25‑A, I. R. Q., in the Vth Labour Court at Karachi 2. Preliminary objections were filed on behalf of Pakistan Paper sack Ltd., as well as Baluchistan Laminates to the effect that since Baluchistan Laminates, where the workman was working was situated outside the territorial jurisdiction of the Labour Court at Karachi, the Vth Labour Court at Karachi had no jurisdiction to hear the grie vance petition. The learned Labour Court after hearing both the parties maintained that since the employment of the workman was basically with Pakistan Papersack Corporation at Karachi and that even the office of Messrs Baluchistan Laminates was situated at 6th floor, Hirani Centre, 1. I. Chundrigar Road, Karachi, and the entire control of the workman Driver was with them at Karachi, the Labour Court at Karachi had the jurisdiction to hear the case with the result that the preliminary objections filed to the contrary were dismissed resulting in the present suo motu revision. 3. 1 have heard the learned representative on behalf of the parties Mr. Syed Zamirul Hassan for the Management, Messrs, Pakistan Paper sack Corporation as well as Messrs Baluchistan Laminates; and Mr. Abdul Majeed for the workman, MuhammadEhtishamuddin. Mr. Zamirul Hassan has mainly contended that the services of the workman were transferred to Baluchistan Laminates, the factory of which is situa ted at Hub Chowki within the territorial limits of Baluchistan Province and since he was working at the factory at Hub Chowki and his order of dismissal was also issued by the Factory Manager, Hub Cbowki, namely, Shahid Bin Shamsher, the learned Vth Labour Court at Karachi had no jurisdiction. In support of his contention, he has relied on the decision of this Tribunal reported in the case of Pakistan Industrial Development Corporation v. Khadim Hussain (1980 P L C 1012), where in the learned Tribunal was of the view that since Khadtm Hussain was not only employed in an establishment situated outside the limits of province of Sind but his dismissal order was also by the Project Manager of Tarbela Mills, the Court at Karachi had no jurisdiction. 4. On the other hand, Mr. Abdul Majeed, the learned repre sentative for the workman, Muhammad Ehtishamuddin has mainly con tended that the employment of the workman was basically with Messrs Pakistan Papersack Ltd. Industrial Area, Korangi, Karachi, and that the Corporation having established its sister concern, namely, Messers Baluchistan Laminates at Hub .Chowki, the main office of which was situated at 6th Floor, Hirani Centre, 1. 1. Chundrigar Road, Karachi, the effective control of the workman for all purposes was from the office of Messrs Pakistan Papersack Corporation Ltd., as well as Messrs Baluchistan Laminates, Hirani Centre, Karachi. He has also submitted that even the dismissal order passed by Shahid Bin Shamsher, Factory Manager, was issued from 6th Floor, Hirani Centre, I. 1.Chundrigar Road, Karachi, and not from the factory itself at Hub Chowki. He has further submitted that the dismissal order would make it further clear that Messrs Baluchistan Laminates was a Division of Pakistan Papersack Corporation Ltd., and the fact would be clear. even from the letter pad whereon the order of dismissal has been passed and despatched on to the workman. He has, therefore, con tended that the employment of the workman was not only effectively controlled by the Management from Karachi but even the order of dismissal was passed and despatched from the office of Baluchistan Laminates, situated at Karachi and, therefore, the Courts at Karachi shall legally have the jurisdiction to hear the matter. 5. The learned representative, for the parties have referred me to a number of documents from both sides as well as the affidavit filed in evidence by the workman and his cross‑examination by the learned representative appearing on behalf of the Management. What I find on the admitted facts of the case is that the workman was initially employed by Messrs Pakistan Papersack Corporation, Ltd. at Karachi, and his services were also confirmed by that Management at Karachi and that subsquently the services were transferred to Baluchistan Lami nates, the sister concern of Pakistan Papersack Corporation Ltd., situated at Hub Chowki, the office of which is also situated at Hirani Centre, 1. 1. Chundrigar Road at Karachi. The original order of appoint ment, dated 6th December, 1975, of the workman would clearly show as first condition that he will attend to the work assigned to him from time to time at Karachi or any where in Pakistan and shall carry out the instructions issued to him. Subsequently, after his such services were confirmed on 5th March, 1976, an inter‑office memo. dated 9th August, 1981, was issued by Pakistan Papersack Corporation Ltd., Korangi, Karachi, to the effect that his services were transferred to Messrs Baluchistan Laminates, a Division of Pakistan Papersack Corpo ration Ltd., with effect from 10th August, 1981, and that he was directed to report for further assignment of duties to the Chief Executive, Baluchistan Laminatesl ocated at 6th Floor, Hirani Centre, 1. 1. Chundrigar Road,, Karachi, and that the copy of this memo. was marked to Chief Executive, Baluchistan Laminates, Hirani Centre, 6th Floor, I. I. Chundrigar Road, Karachi, as well as to the Senior Manager (Finance) of Pakistan Papersack Corporation Limited, Karachi, for information. The documentary evidence adduced by both the parties would leave no doubt in my mind that though the factory of Baluchistan Laminates was at Hub Chowki, its office was situated at Hirani Centre, I. I. Chundrigar Road, Karachi. There is no evidence at all available to the contrary. Furthermore, the Management had failed to produce any positive evidence to the effect that the workman was working at the factory at Hub Chowki alone, and no where else. In his affidavit, filed in evidence he has clearly stated at paragraph 5 that he was working with the appellant Management and used to go alongwith the cargo and machinery to farfiung areas including Hub River, within the limits of the sister concern of Pakistan Papersack Corporation Ltd. He has denied that he was at all working at the factory at Hub Chowki. The contentions to that effect have not been controverted by the Management and no affidavits to that effect on their behalf have been filed so far. The Driver being on a mobile duty always, may have gone under the instruc tions outside territorial limits of the Province of Sind as he has contended, but that does not mean that be was either employed or was working out side the local limits of this Province. If the Management had the evidence to the effect that he was working at the Factory at Hub Chowki in Baluchistan Laminates, alone, nothing prevented it from producing any such evidence. 1, therefore, find that the workman was not only initially employed by the Management at Karachi but his employment was being controlled for all purposes from their officer at Karachi. What 1 would further find that even the dismissal order was passed and issued from the office of Baluchistan Laminates situated at Hirani Centre, I. 1. Chundrigar Road, Karachi. This Tribunal in its decision, dated 28th September, 1981, in Appeal No. KAR‑259/80, Latafat Karim Siddiqui v. National Construction Ltd., holding the view that notwithstanding the temporary posting of the appellant and assignment of the duties to him the Northern parts of Pakistan the effective control over the employmet of the appellant continued to remain with Head Office at Karachi, which was his real employer, ruled that the Labour Courts at Karachi shall ha the jurisdiction in the matter particularly as the grievance of the appellant was against the termination of his services which was ordered by the Hey Office at Karachi. What I find in the circumstances of the instant case that the learned Vth Labour Court rightly relying on this decision he that the jurisdiction of the Court at Karachi was not ousted. I have r reasons to disagree with the learned Labour Court in that respect The facts and the circumstances of the case in .the decision of ti Tribunal, reported in 1980 P L C 1012, relied on by the learned repr sentative for the Managements appear to be distinguishable. According! the contentions raised on behalf of the workman are not with substance. 6. For the aforesaid reasons, finding no force in this Revision, dismiss it. A. E, Petition dismissed