SCMR 1990

1990 PLP 456 (SCMR)

Syed MATLUBUL HASSAN‑‑Petitioner Versus BROOKE BOND PAKISTAN Ltd.‑‑Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition No. 42 of 1980, decided on 5th June, 1989.
Honorable Judges
Nasim Hasan Shah and Usman Ali Shah, JJ
Case Reference Summary (AEO Optimized)
Citation 1990 PLP 456 (SCMR)
Forum / Court High Court
Bench Members Nasim Hasan Shah and Usman Ali Shah, JJ
Parties Syed MATLUBUL HASSAN‑‑Petitioner Versus BROOKE BOND PAKISTAN Ltd.‑‑Respondent
Primary Law Industrial Relations Ordinance (XXIII of 1969)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1990 PLP 456 (SCMR)?

This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1990 PLP 456 (SCMR)?

The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Usman Ali Shah, JJ.

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

Cite this legal precedent as: 1990 PLP 456 (SCMR) (Syed MATLUBUL HASSAN‑‑Petitioner Versus BROOKE BOND PAKISTAN Ltd.‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Industrial Relations Ordinance (XXIII of 1969)‑‑

Representation

  • Nemo for Respondent.
  • Date of hearing: 5th June,1989

Headnotes / Summary

(On appeal from the judgment dated 12‑11‑1985 of the Lahore High Court, Lahore in Writ Petition No. 4074 of 1985). ‑‑‑S.2 (xxviii)‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Workman‑‑ Supreme Court in somewhat similar circumstances held a "salesman" to be a "workman' falling within the definition of the term in S.2 (xxviii) of Industrial Relations Ordinance, 1969‑‑‑Leave to appeal granted. Brooke Bond Pakistan Limited v. Conciliator appointed by the Government of Sind and others P L D 1977 S C 237 rel. Petitioner in person.

Judgment & Decree

Brooke Bond Pakistan Limited v. Conciliator appointed by the Government of Sind and others P L D 1977 S C 237 rel. Petitioner in person. Nemo for Respondent. Date of hearing: 5th June,1989 NASIM HASAN SHAH, J.‑‑The petitioner, who was employed as salesman with the Brooke Bond Pakistan Limited was removed from service. He agitated against his removal before the Labour Court but the Labour Court refused to entertain his plea on the ground that on account of being a salesman he was not a "workman". Hence the Labour Court did not have any jurisdiction in this matter. This view was accepted by the Punjab Labour Appellate Tribunal on appeal and not interfered with by the High Court in writ proceedings. Hence this petition for leave to appeal. The petitioner has appeared in person and has drawn our attention to this Court's decision in Brooke Bond Pakistan Limited v. Conciliator appointed by the Government of Sind and others. (P L D 1977 S C 237) wherein this Court in somewhat similar circumstances held a salesman to be a workman failing within the definition of the term in section 2(xxviii) of the Industrial Relations Ordinance, 1969. Leave granted. Security shall be furnished in the sum of Rs.1,

000. M. A. K. /M-1052/S ` Leave granted