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2016 P L C 160
Messrs KARACHI CLUB STAFF WORKERS' UNION through General Secretary Versus PRESIDING OFFICER, SINDH LABOUR COURT NO.5 and another
Decided Date: Appeal No.KAR-10 of 2015, decided on 7th October, 2015.
Summary: — Ss. 2(ix), (xxx), 12(1) & 48 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(b)(f) — Cancellation of registration of Trade Union — Registration of Trade Union, was cancelled by the Labour Court on the ground th...
2016 P L C 103
Messrs THATTA CEMENT COMPANY LTD. through Authorized Officer Versus GHULAM MUHAMMAD and 33 others
Decided Date: Revision Application No.HYD-01 of 2015, decided on 28th October, 2015.
Summary: — Ss. 15 & 17 — Sindh Industrial Relations Act (XXIX of 2013), S.48(5) — Failure of employer to pay legal dues to the workers — Application to Authority under Payment of Wages Act, 1936 — Employer company did not pay legal dues to its workers, who op...
2016 P L C 59
MUHAMMAD AZEEM ZAIDI Versus PAK PETRO CHEMICAL INDUSTRIES (PVT.) LTD. and another
Decided Date: Appeal No.942 of 2010, decided on 12th October, 2015.
Summary: — Ss. 34 & 48 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12 — Termination of service due to closure of factory — Application of employee for reinstatement in service — Dismissal of application — Validity — ...
2016 P L C 52
WASEEM ANWAR UJAN Versus Messrs KHUSHALI BANK LTD. through President and 4 others
Decided Date: Appeal No.HYD-610 of 2011, decided on 28th September, 2015.
Summary: — Ss. 34 & 48 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & S.O.15(4) — Constitution of Pakistan, Art.11 — Resignation without giving one month's prior notice — Dismissal from service — Employee, who was ap...
2016 P L C 42
Mrs. FARHANA Versus Messrs SINDH SMALL INDUSTRIES CORPORATION through Managing Director and 2 others
Decided Date: Appeal No.HYD-73 of 2015, decided on 29th September, 2015.
Summary: — Ss. 34 & 48 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12 — Termination of service — Grievance application — Employee, a junior clerk, was terminated, and she on receiving one month pay in lieu of notice, s...
2016 P L C 37
HYDERABAD ELECTRIC SUPPLY COMPANY through Chief Executive Officer and another Versus MAQSOOD AHMED
Decided Date: Appeal No.HYD-378 of 2010, decided on 25th November, 2015.
Summary: — Ss. 34 & 48 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15(3)(d)(e) — Compulsory retirement/ dismissal from service — Reinstatement — Claim for full back benefits — Employer, compulsorily retired the employe...
2016 P L C 30
WASEEM HASSAN Versus Messrs PLANET COMMUNICATION (PVT.) LIMITED through Chief Executive and another
Decided Date: Appeal No.KAR-128 of 2013, decided on 9th October, 2015.
Summary: — Ss. 2(xxxii), 34 & 48 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & S.O.12 — Termination of service — Grievance application — "Workman" status as — Determination — Employee, who joined employer company as...
2016 P L C 306
UBL PROGRESSIVE EMPLOYEES UNION Through President and 2 others Versus UNITED BANK LIMITED and 5 others
Decided Date: "The above referred judgment of the Supreme Court of Pakistan recorded in Mubeen-us-Salam's case (supra) was not brought into the notice of the High Court while deciding the writ petition. This aspect of the case that a 'worker' or 'workman' as defined in Factories Act, 1934 or the Workman's Compensation Act, 1923 has been expressly excluded from the definition of 'civil servant' as defined in the Civil Servants Act, 1973, was not considered by this Court while deciding the cases reported as United Bank Limited Employees Union through its President and General Secretary at Muzaffarabad and 4 others v. United Bank Limited through its President and others, (2000 PLC (C.S.) 930) Genuine Rights Commission through Munir Ahmed Farooqi Advocate and others v. Federal Government through Chief Secretary, Islamabad and 11 others (PLD 2006 High Court (AJ&K) 1) and subsequent cases decided on the strength of these authorities. The view expressed in the case reported as [2004 SCR 341] is not correct, therefore, is distinguishable. While applying the law laid down in Mubeen-us-Salam's case, it is held that appellant No.1 is a workman. He doesn't fall within the definition of civil servant. The labour Court has jurisdiction in the matter. The judgment of the High Court dated 11.4.2008 is not sustainable. The appeal is accepted. The judgment of the High Court dated 11.4.2008 is set aside with no order as to the costs."
Summary: In the case titled Said Muhammad and 4 others v. Custodian of Evacuee Property, Azad Jammu and Kashmir, Muzaffarabad and 8 others (PLD 2006 Supreme Court (AJ&K) 1), while deciding the writ petition, the High Court failed to resolve the preliminary ob...
2016 P L C 483
PAKISTAN TELECOMMUNICATION COMPANY LIMITED Versus EMPLOYEES' OLD AGE BENEFIT INSTITUTION and another
Decided Date: Civil Appeal No.908 of 2012, decided on 25th March, 2016.
Summary: (On appeal against the judgment dated 17-5-2012 passed by the Islamabad High Court, Islamabad in Writ Petition No.622 of 2007) — Ss. 9, 9-B & 47(f) — Pakistan Telecommunication (Re-Organization) Act (XVII of 1996), S. 34 — Pakistan Telecommunication...
2016 P L C 447
DCO/CHAIRMAN DISTRICT RECRUITMENT COMMITTEE, KHANEWAL and others Versus KISHWAR SULTANA and others
Decided Date: Civil Appeals Nos.843 to 863, 969 to 970 of 2012, Civil Appeals Nos.263-L to 265-L of 2013, 984, 127-P, 129-P to 134-P, 136-P to 141-P, 143-P to 148-P of 2014, Civil Petitions Nos.1353-L of 2012, 3474 of 2015, C.M.As. Nos.1378 and 6497 of 2014, decided on 28th April, 2016.
Summary: (On appeal against the judgments dated 23-4-2012, 2-4-2014, 29-5-2012, 12-6-2012, 15-5-2012, 25-4-2013, 30-5-2013, 11-9-2013, 16-9-2013, 27-6-2013, 14-5-2014, 10-6-2014, 15-5-2014, 3-6-2014 and 23-9-2015 of the Lahore High Court, Lahore, Lahore High ...
2016 P L C 168
M.C.B. BANK LIMITED, KARACHI Versus ABDUL WAHEED ABRO and others
Decided Date: Civil Petition No. 1702 of 2015, decided on 30th September, 2015.
Summary: (On appeal against the judgment dated 26-5-2015 passed by the High Court of Sindh, Karachi, in C.P. No. D-1306 of 2012) — S. 46 — Constitution of Pakistan, Arts. 10A & 185(3) — Inquiry proceedings, witnesses of — Worker's right of cross-examining wi...
2016 P L C 117
SHAHID PERWAIZ Versus Messrs GALAXO KLIN PAKISTAN LTD. and others
Decided Date: Civil Appeal No. 31-K of 2013, decided on 22nd October, 2015.
Summary: (On appeal from judgment of High Court of Sindh, Karachi dated 25-9-2012, passed in C.P. No. 2940 of 2011). — S. O. 15(3)(f) — Dismissal from service — Habitual late comer — Criteria for categorizing a worker as a habitual late comer at work — Emp...
2016 P L C 237
HABIB BANK LIMITED through President and 2 others Versus AZIZ ULLAH LAGHARI and 2 others
Decided Date: C.P.No.493 of 2012, decided on 19th January, 2016.
Summary: — Bank employee — Reinstatement after acquittal from criminal charge — Employee was reinstated in service on acquittal from criminal charge — Validity — Punishment awarded to the employee was in consequence of the inquiries conducted by the departmen...
2016 P L C 522
MUHAMMAD ASIF CHISTI Versus INAM-UL-MAJEED KHAN
Decided Date: Revision Petition No.70 of 2014, decided on 19th May, 2016.
Summary: — Ss. 69 & 70 — Penal Code (XLV of 1860), S.405 — Embezzlement or misappropriation of funds by employee — 'Criminal Breach of trust', definition of — Relevance — Only fine was provided as punishment for commission of offence in terms of Ss. 69 & 70 ...
2016 P L C 465
MUHAMMAD TAUFIQ KHAN Versus MULTAN ELECTRIC POWER COMPANY LIMITED, MULTAN and 3 others
Decided Date: Labour Appeal No.MN-984/2012, decided on 15th April, 2016.
Summary: — Ss. 33 & 47 — Compulsory retirement — Grievance petition — Reinstatement with grant of 50% back benefits — Claim for full back benefits — Employee, who was compulsory retired from service; was reinstated in service by the Labour Court on filing gri...
2016 P L C 424
TEHSIL MUNICIPAL ADMINISTRATION through Administrator and others Versus ABDUL SATTAR and others
Decided Date: Labour Appeals Nos.417, 418, 419 and 420 of 2015, decided on 20th April, 2016.
Summary: — Ss. 33 & 47 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.1(b) — Regularization of service — Grievance petition — Workers who claimed that they had been performing their respective duties for more than nine mo...
2016 P L C 389
EXECUTIVE ENGINEER CANTT. CONSTRUCTION DIVISION (GEPCO) GUJRANWALA and another Versus BILAL AHMAD and another
Decided Date: Labour Appeals Nos.GA-77 and GA-135 of 2015, decided on 5th October, 2015.
Summary: — Ss. 33 & 47 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.15 — Compulsory retirement on allegation of misconduct — Grievance application — Employee who was serving as Naib Qasid in the employer establishment, ...
2016PLAT2209
EXECUTIVE DIRECTOR, SHAIGAN PHARMACEUTICALS (PVT.) LTD. and 3 others Versus FAROOQ AHMED ZUBARI through representative and others
Decided Date: Labour Appeal No.BR-1310 of 2012, decided on 13th April, 2016.
Summary: — Ss. 2(xxviii) & 25-A — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & S.O.12(3) — Termination of service — Grievance petition — Status of 'workman', determination of — Employee, who was appointed on permanen...
2016 P L C 247
KHAWAJA WOOLEN MILLS (PVT.) LTD. through Director Versus MUHAMMAD YOUSAF and 2 others
Decided Date: Revision Petition No.GA-562 of 2013, decided on 11th September, 2014.
Summary: Muhammad Farooq Textile Mills Ltd. v. Muhammad Yaqoob 2007 PLC 472 rel.
2016 P L C 220
Messrs INTER MARKET KNIT (PVT.) LTD. through Director Admn and Logistics Versus RIASAT ALI and another
Decided Date: Revision Petition No.LHR-193 of 2014, decided on 1st October, 2015.
Summary: — Ss. 15(2) & 17 — Punjab Industrial Relations Act (XIX of 2010), S.47(5) — Claim for payment of dues — Denial — Employee filed claim under S.15(2) of Payment of Wages Act, 1936 for payment of dues, which was resisted by the employer with the stance ...