1998 PLP 249 (PLC)
through Manager, Accounts and Commercial Versus GULZAR HUSSAIN SHAH
| Citation | 1998 PLP 249 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtak Ali Kazi, Appellate Tribunal |
| Parties | through Manager, Accounts and Commercial Versus GULZAR HUSSAIN SHAH |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1998 PLP 249 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 249 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtak Ali Kazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 249 (PLC) (through Manager, Accounts and Commercial Versus GULZAR HUSSAIN SHAH). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mehmood A. Ghani for Appellant.
- Gohar Iqbal for Respondent.
- Date of hearing: 21st November, 1996.
- 7. The respondent was still aware through notice and other correspondence that his services would end with the power project of which he had sufficient notice. But this time after his termination he started his grievance and filed a grievance petition which was allowed by the Labour Court for want of written order of termination giving reasons. The learned Labour Court ought, to have seen the entire correspondence which amply proved that sufficient notice and reasons for termination were mentioned throughout the correspondence well in advance and the entire correspondence read together amounted to an order in writing for the termination giving explicit reasons for the termination. The termination of the respondent is therefore in accordance with Order 12(3) of the Standing Orders Ordinance, 1968 and no rule appears to have been violated. Although the respondent had been very kindly treated by the Japanese all along during all their projects, it is not understood why this time he has tried to harass them in order to make a final profit by blackmailing the foreigners like the taxi drivers at Airport. The learned Advocate for the Japanese firm states that in order to put a stop to such harassment the Japanese even offered to pay the respondent a sum of Rs.20,000 to satisfy him but on account of his greed the respondent tried to get rich quick by demanding rupees five lacs -and declined to come to any settlement. People like the respondent behaving in this manner with the foreigners, who come to help us, are a blot on our character and bring a bad name to Pakistan throughout the world. Such people cannot be encouraged.
Headnotes / Summary
S. 25-A
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 12
Services of employee having stood terminated on completion of project in which employee was appointed by foreign employer, employee was paid all legal dues and pay-roll sheet was accepted by employee and was signed by him
Employee after his smooth termination filed grievance petition against his termination which was allowed by Labour Court for want of written order of termination giving reasons of such termination
Labour Court had not seen or considered entire correspondence which had amply proved that sufficient notice and reasons for termination of services of employee were mentioned throughout the correspondence well in advance and such entire correspondence read together amounted to an order in writing for the termination giving explicit reasons for termination of employee
Termination of employee, thus was in accordance with S.0.12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and no rule had been violated by employers in terminating services of employee
Order of Labour Court accepting grievance petition of employee and consequent reinstatement of employee with back benefit was set aside, in circumstances.
Judgment & Decree
This appeal arises from an order of the 5th Sindh Labour Court, Karachi whereby the grievance petition of one Gulzar Hussain Shah was allowed for reinstatement and back benefits.
2. Respondent Gulzar Hussain Shah was basically an office boy but he knew English and Japanese languages and he could cook Japanese food to the satisfaction of his employers. He was employed by Marubeni Corporation a Power Development Project Company from Japan. Those Japanese Project Developers used to come to Pakistan for various Power Projects.
3. Gulzar Hussain Shah used to be employed by the Japanese working on these Projects from time to time and at the end of each Project his services were terminated (sic) re-employed when some other Project was taken up by Japanese in Pakistan.
4. The present Project for which the respondent was employed was the Thermal Power Station at Pipri. 'The respondent applied for the job and his application is dated 18-7-1990. In that application he mentioned his previous experience for his job at Korangi Project, Kotri Project and Guddu Project. Therefore, by an order dated July 23, 1990 the respondent was appointed as office boy by the Japanese firm for Marubeni Power Project. He was appointed on three months' probation on a salary of Rs.1,
500. His services were terminable during probation by 15 days notice and after his confirmation his terms and conditions depended on the rules and regulations of the company.
5. On 15th August, 1991 respondent Gulzar Hussain Shah was served with a notice for termination. The conditions contained in that letter were that all his work would be taken over. He would return all the company's documents and items supplied to him and he would prepare a job completion report. While the Project was about to be completed respondent Gulzar Hussain Shah wrote a letter to the company stating: "That at the final stage of this Project I would like to request to my plan for your future Project for food supply services to Japanese staff. I will provide catering services ... .. "
6. The respondent was then paid all his legal dues which he accepted on 29-9-1991. This contained his basic pay, overtime salary for 24 days, gratuity 1,879, leave encashment, totalled 5,
328. This pay roll sheet was accepted by Gulzar Hussain Shah and he signed it. This was the last Pay Roll Sheet. He was then granted a Certificate or a testimonial for his good work, dated 31st August, 1991. It is mentioned in this Certificate: "We regret that we will have to release him from our organisation purely due to completion of the aforesaid Project (Bin Qasim Thermal Power Station Extension Project Unit 5)." Thereafter his services stood terminated .on completion of the Project.
7. The respondent was still aware through notice and other correspondence that his services would end with the power project of which he had sufficient notice. But this time after his termination he started his grievance and filed a grievance petition which was allowed by the Labour Court for want of written order of termination giving reasons. The learned Labour Court ought, to have seen the entire correspondence which amply proved that sufficient notice and reasons for termination were mentioned throughout the correspondence well in advance and the entire correspondence read together amounted to an order in writing for the termination giving explicit reasons for the termination. The termination of the respondent is therefore in accordance with Order 12(3) of the Standing Orders Ordinance, 1968 and no rule appears to have been violated. Although the respondent had been very kindly treated by the Japanese all along during all their projects, it is not understood why this time he has tried to harass them in order to make a final profit by blackmailing the foreigners like the taxi drivers at Airport. The learned Advocate for the Japanese firm states that in order to put a stop to such harassment the Japanese even offered to pay the respondent a sum of Rs.20,000 to satisfy him but on account of his greed the respondent tried to get rich quick by demanding rupees five lacs -and declined to come to any settlement. People like the respondent behaving in this manner with the foreigners, who come to help us, are a blot on our character and bring a bad name to Pakistan throughout the world. Such people cannot be encouraged.
8. The order of the Labour Court is, therefore, set aside and the appeal is allowed. H.B.T./182/Lb.S Appeal allowed.