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2019 P L C 162
CHAIRMAN, LAHORE GYMKHANA CLUB, UPPER MALL, LAHORE and others Versus BASHARAT ALI and others
Decided Date: Writ Petition No. 12664 of 2019, decided on 29th March, 2019.
Summary: — Ss.2(b) & 3 — Jurisdiction of Labour Court and Labour Appellate Tribunal — Scope — Petitioner assailed orders of Labour Appellate Tribunal and Labour Court whereby both the authorities had concurrently dismissed the application filed by petitioner ...
2019 P L C 68
Ch. RAHMAT ALI MEMORIAL TRUST Versus PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTION through Deputy Director and others
Decided Date: N/A
2019 P L C 38
EMPLOYEES OLD-AGE BENEFIT INSTITUTION Versus PUNJAB LABOUR COURT NO.5, SARGODHA and another
Decided Date: W.P. No.47263 of 2017, decided on 26th October, 2018.
Summary: — Ss. 22(2), 33 & 35 — Constitution of Pakistan, Art. 199 — Punjab Industrial Relations Act (XIX of 2010), S. 2(xx) — Constitutional petition — Maintainability — Grievance petition — Employee of a textile mill — Old-age pension, grant of — Labour Cou...
2019 P L C 25
Messrs SHAMIM AND COMPANY Versus PUNJAB LABOUR APPELLATE TRIBUNAL and others
Decided Date: Writ Petition No. 5735 of 2014 and C.M. No. 7330 of 2017, decided on 8th June, 2018.
Summary: — Ss.15 & 17(1)(a) — Appeal — Pre-conditions — Claim of workman for recovery of salary was allowed by the Authority — Prior to filing of appeal against said order of Authority the aggrieved party was required to deposit the decretal amount before the...
2019 P L C 268
Messrs SINDH CLUB through Secretary and another Versus MAZHAR HUSSAIN and others
Decided Date: C.Ps. Nos. 7369 and 7370 of 2015, decided on 16th November, 2018.
Summary: — Ss.46 & 2(xxx) — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) — Grievance petition — Baker and cook of a club — Termination from service — Worker/workman — Determination of — Principles — Employees were ter...
2019 P L C 249
RASHID HUSSAIN and others Versus PTCL and others
Decided Date: C.Ps. Nos.D-1492 along with 1493, 1494, 1495, 1496 and 1422 of 2017, decided on 18th February, 2019.
Summary: — S.16 — Employees of Pakistan Telecommunication Company Limited having opted Voluntary Separation Scheme — Eviction from residential accommodation — Scope — Company filed complaint against the employees for their eviction from the residential accomm...
2019 P L C 233
BIBI HAJRA Versus TRUSTEE OF THE PORT OF KARACHI through Chairman and another
Decided Date: C.P. No.D-6548 of 2016, decided on 15th August, 2018.
Summary: Industrial dispute — Date of birth, correction of — Scope — Contention of employee was that her date of birth was 22-02-1961 instead of 22-02-1955 — Grievance petition filed by the employee was allowed by the Labour Court but Labour Appellate Tribun...
2019 P L C 182
Messrs ISLAND TEXTILE MILLS LTD. through Authorized Officer Versus MEHDI KHAN and 3 others
Decided Date: Constitution Petition No. D-5262 of 2013, decided on 16th February, 2018.
Summary: — Ss. 15 & 17 — Sindh Industrial Relations Act (XXIX of 2013), S.2(xxxii) — Store keeper having voluntarily resigned from service — Claim for payment of gratuity — "Workman" — Determination of — Procedure — Company refused to pay dues to the employee...
2019 P L C 167
NATIONAL DATABASE AND REGISTRATION AUTHORITY, (NADRA) through DG/Director Versus REGISTRAR OF TRADE UNIONS, SINDH and another
Decided Date: C.P. No.D-2138 of 2014, decided on 15th February, 2019.
Summary: — S.2(xxxii) — National Database and Registration Authority Ordinance (VIII of 2000), S. 43 — National Database and Registration Authority — Trans-provincial establishment — Formation of Trade Unions at Provincial Level — National Database and Regist...
2019 P L C 158
SESSI UNITED STAFF UNION SINDH (CBA) through General Secretary and another Versus PROVINCE OF SINDH through Secretary Labour and 6 others
Decided Date: Constitution Petition No.S-510 of 2018, decided on 6th March, 2018.
Summary: — S. 3(1) — Constitution of Pakistan, Art. 199 — "Workman" — Determination — Constitutional jurisdiction of High Court was not available for entertaining and deciding the disputed question as to determination of Status of employee as "Workman" or oth...
2019 P L C 140
OIL INDUSTRIES PAKISTAN (PVT.) LIMITED through Attorney Versus ABDUL REHMAN and others
Decided Date: ----S. 34---Constitution of Pakistan, Art. 10-A---Grievance petition---Employee of a company---Absence from duty---Termination from service without holding inquiry---Non-service of grievance notice by the employee---Effect---Company was directed to pay reasonable compensation to the employee in lieu of his reinstatement in service---Validity---Company had failed to prove allegations against the employee---Party had to establish its own case on merits and could not rely upon the weakness of other side---Service of employee were not to be terminated without inquiry and grant of opportunity of hearing---Right of fair trial and due process was a Fundamental Right of every person---When grievance petition had been decided on merits then question of non-service of grievance notice was immaterial---Courts below had dilated upon the issues in an elaborative manner and considered every aspect of the case---High Court in constitutional jurisdiction could not interfere in the concurrent findings of facts rendered by the Courts below unless there was illegality, infirmity or material irregularity in the impugned judgments---Constitutional petition was dismissed, in circumstances.
Summary: Vice President National Bank of Pakistan Gujranwala v. Punjab Labour Appellate Tribunal and others 1985 PLC 1053; Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213; Messrs Wah Industries Limited v. Punjab Labour Appellate Tribunal 199...
2019 P L C 121
Messrs CIM SHIPPING INC. through duly Authorized Person Versus TOUSIF AHMED and 2 others
Decided Date: Constitutional Petition No.D-1885 of 2015, decided on 13th April, 2018.
Summary: — S. 25-A — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(h)(i) — Industrial Relations Ordinance (XCI of 2002), S. 2(xxx) — Grievance petition — Maintainability — Accountant — Absence from duty due to ailment — T...
2019 P L C 115
Rana MUHAMMAD RASHEED Versus LABOUR APPELLATE TRIBUNAL SINDH and 3 others
Decided Date: Constitution Petition No. D-615 of 2017, decided on 13th February, 2018.
Summary: — S. 34 — Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R. 12-A — Civil Service Regulations (CSR), Art. 171 — Grievance petition — Limitation — Correction in date of birth of an employee — Matters with regard to terms and conditi...
2019 P L C 101
Syed RAZA HAIDER RIZVI Versus Messrs GORDON SHIPPING COMPANY LTD. and another
Decided Date: Suit No. 886 of 1999, decided on 2nd July, 2018.
Summary: — Suit for damages/compensation — Medical facility, non-providing of by employer — Effect — Plaintiff was employee of defendants (employers) who were bound to provide him proper medical treatment — Plea raised by plaintiff was that due to failure of ...
2019 P L C 83
HABIB BANK LTD., through Attorneys Versus SAFEER AHMED and 12 others
Decided Date: Constitutional Petition No.D-761 of 2018, decided on 2nd March, 2018.
Summary: — Ss. 33, 54(e) & 57(2)(c) — Bank employee — Allegations of unfair labour practice — Retirement from service — Grievance petition — Injunction, grant of — National Industrial Relations Commission suspended order for retirement from service of the emp...
2019 P L C 72
Syed FAISAL AZIZ Versus SINDH LABOUR APPELLATE TRIBUNAL and 2 others
Decided Date: C.P. No.D-3115 of 2011, decided on 21st May, 2018.
Summary: — S. 25-A — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2 (i) & S. Os. 12 & 15 — Grievance petition — Sales Co-ordinator — Allegations of misappropriation and negligence — Termination from service without inquiry...
2019 P L C 63
Messrs GERRY'S DNATA (PVT.) LTD. through Manager and 7 others Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION and 7 others
Decided Date: N/A
2019 P L C 1
SINDH EMPLOYEES SOCIAL SECURITY INSTITUTION Versus MEHRAN SUGAR MILLS LTD. through Secretary
Decided Date: Miscellaneous Appeal No.39 and C.M.A. No. 1143 of 1997, decided on 17th July, 2018.
Summary: — Ss. 20, 46 & 57 — Social Security Institution — Demand for social security contribution — Agreement with the individual to provide statutory benefits to the workers by the Social Security Institution — Effect — Demand notice by the department was i...
2019 P L C 277
SAEED AHMAD and others Versus CHAIRMAN O.G.D.C.L. and others
Decided Date: W.Ps. Nos. 1489, 1490, 1546 and 2000 of 2016, decided on 31st July, 2017.
Summary: — Ss.31 & 54 — Constitution of Pakistan, Art. 25 — Discrimination — Bogus educational testimonials — National Industrial Relations Commissions (NIRC) — Jurisdiction — Petitioners were employees of Oil and Gas Development Corporation Limited (OGDCL) w...
2019 P L C 130
Messrs SUI SOUTHERN GAS COMPANY LIMITED Versus GHULAM NABI DEESHAK, REGISTRAR TRADE UNIONS and others
Decided Date: W.P. No.3074 of 2017, decided on 7th December, 2018.
Summary: — S. 19(4)(5) — Contract employees of Gas Company seeking inclusion of names in the voter list of the members of Trade Union — Privity of contract — Trade Union moved application before Registrar, Trade Unions for inclusion of names of contract emplo...