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2016 P L C 367
PAKISTAN TELECOMMUNICATION COMPANY LIMITED — Petitioner Versus MOHAMMAD DILPAZEER ABBASI and others — Respondents
Decided Date: Writ Petition No.1691 of 2015, decided on 29th April, 2016.
Summary: — Ss. 33, 54 & 2 (xxxiii) — Grievance petition — Limitation — Grievence notice by workman — Scope — Employer company floated Voluntary Separation Scheme for its employees — Petitioners-employees received dues as provided under the Voluntary Separatio...
2016 P L C 271
PAKISTAN INTERNATIONAL AIRLINES CORPORATION Versus FULL BENCH, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD and another
Decided Date: W.P. No.815 of 2016, decided on 9th March, 2016.
Summary: — Ss. 58, 54(e) & 33 — Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985, Regln.79, Section II, Cl.75(aj) — Interlocutory order passed by Full Bench of National Industrial Relations Commission — Maintain...
2016 P L C 185
STATE BANK OF PAKISTAN Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD and others
Decided Date: Writ Petition No.1776 of 2015, decided on 30th November, 2015.
Summary: — Ss. 12 & 28 — Cancellation of registration of Trade Union — Scope — Appeal against registration of Trade Union was dismissed — Validity — Registration of Trade Union could be cancelled if a Labour Court on the complaint by the Registrar, Trade Un...
2016 P L C 383
MUHAMMAD SIDDIQUE and another Versus ABDUL NABI and 11 others
Decided Date: Labour Appeal No.10 of 2015, decided on 30th October, 2015.
Summary: — Ss. 3, 18, 32, 41, 52 & 55 — Right and choice of employee to join Trade Union — Refusal of such right — Grievance application — Employees, who earlier formed their own union in the year 2009, dissolved their said union in the year 2012, and they in...
2016 P L C 293
CHIEF EXECUTIVE OFFICER and another Versus MUHAMMAD YAR
Decided Date: Labour Appeal No.8 of 2015, decided on 18th November, 2015
Summary: — Ss. 41 & 55 — Tampering of date of birth of employee in the service book — Grievance application for rectifying date of birth in service record — Date of birth of the employee was determined by the employers as 25-1-1956, whereas the employee claim...
2016 P L C 251
CHIEF EXECUTIVE HUMAN DEVELOPMENT FOUNDATION, ISLAMABAD and 3 others Versus ABDUL WAHID
Decided Date: Labour Appeal No.9 of 2015, decided on 5th November, 2015.
Summary: — Ss. 41 & 55 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os.1(b) & 12 — Termination of service — Grievance application — Employee, who initially was appointed on contract basis, his contract of service was exte...
2016 P L C 225
KHADIM HUSSAIN BHATTI and another Versus SERENA HOTEL LABOUR UNION through President and 3 others
Decided Date: Labour Appeal No.06 of 2015, decided on 9th September, 2015.
Summary: — Ss. 55 & 77 — Embezzlement or misappropriation of funds of the Labour Union — Respondent/Newly elected President of Labour Union in the establishment, after taking charge of his office, asked the appellants/former union representatives, to hand ove...
2016 P L C 213
ARSLAN and 4 others Versus ADMINISTRATOR METROPOLITAN CORPORATION QUETTA and another
Decided Date: Labour Appeal No.4 of 2015, decided on 5th June, 2015.
Summary: — Ss. 41 & 55 — Denial of appointment and payment of salaries — Grievance petition — Employees, who were appointed as Sweepers on permanent basis, were performing their duties; and there was no complaint against them — Employers, having not paid sal...
2016 P L C 191
CHIEF EXECUTIVE OFFICER QESCO and another Versus ABDUL QADIR
Decided Date: Labour Appeal No.07 of 2015, decided on 31st August, 2015.
Summary: — Ss. 2(dd), 41 & 55(3) — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) — Promotion — Holding of promotion order in abeyance — Grievance petition — `Workman' — Determination — Employee, who initially was work...
2016 P L C 138
ABDUL GHAFFAR and another Versus ABDUL RAUF and 2 others
Decided Date: Revision Petition No.03 of 2015, decided on 10th August, 2015.
Summary: — Ss. 9(7) & 55(4) — Trade Union, registration of — Dispute in relation to the change of Officers of Trade Union — Petitioners were Ex-President and Ex-General Secretary of Trade Union in the Establishment and their tenure had expired — Respondent, w...
2015 P L C 88
MUHAMMAD HASSAN and 43 others Versus Messrs SHAHMURAD SUGAR MILLS LTD. through General Manager
Decided Date: Appeals Nos.HYD-193 L.A.83/2006) to HYD-236 (L.A.126/2006) of 2010, decided on 2nd September, 2014.
Summary: — S.O. 14 — Factories Act (XXV of 1934), S.4 — Appeal — Termination of seasonal workers — Effect — Preferential right of re-employment — Scope — Contention of the appellants (seasonal workers) was that they were permanent seasonal workers, therefore,...
2015 P L C 226
PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE through Commissioner and another Versus Messrs M. H. CHALLENGE INDUSTRIES, SIALKOT and others
Decided Date: Civil Appeals Nos. 56-L and 57-L of 2009, decided on 24th March, 2015.
Summary: (On appeal against the judgment dated 9-10-2002 passed in C.R.P. No.3104 of 2006 and order dated 6-6-2002 in Writ Petition No.8755 of 2002, by the Lahore High Court Lahore respectively) — Ss. 1(3), 20(1) & 21 — Social security contribution, payment ...
2015 P L C 200
NATIONAL BANK OF PAKISTAN and another Versus ANWAR SHAH and others
Decided Date: C.P.L.As. Nos. 2119 to 2121 of 2013 and 800 of 2014, decided on 8th December, 2014.
Summary: (On appeal against a common judgment dated 29-10-2013, passed by the Islamabad High Court, Islamabad, in W.Ps. Nos.3948 and 4061 of 2013 and R.A. No.8 of 2013) — S. 2(xxxiii) — "Workman", definition of — Scope — Nature of duties and functions — Desi...
2015 P L C 68
PEOPLE UNITY OF PIA EMPLOYEES CBA, KARACHI Versus The REGISTRAR OF TRADE UNIONS (NIRC) ISLAMABAD and another
Decided Date: Civil Petition No.541 of 2014, decided on 12th May, 2014.
Summary: (On appeal against the Order dated 9-4-2014 passed by the Islamabad High Court, Islamabad, in Writ Petition No.1621 of 2014) — Ss. 19(11), proviso & 19(9)(e) — Constitution of Pakistan, Art.185(3) — Trade union — Membership of more than 5000 member...
2015 P L C 45
PAKISTAN WAPDA EMPLOYEES PEGHAM UNION Versus MEMBER, NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD and others
Decided Date: Civil Petition No.1700 of 2013, decided on 14th March, 2014.
Summary: (On appeal from the judgment dated 13-9-2013 in W.P. No.3472 of 2013 passed by the Islamabad High Court Islamabad) — Ss. 7, 8 & 9 — Constitution of Pakistan, Art. 185(3) — Registration of trade union — Allegations of corruption and malpractices agai...
2015 P L C 313
MERCK (PRIVATE) LIMITED through Notified Factory Manager Versus MEMBER LABOUR APPELLATE TRIBUNAL and 24 others
Decided Date: C.Ps. Nos.393 and 394 of 2012, decided on 6th August, 2015.
Summary: — Ss. 2(viii)(xxix), 41 & 55 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(c), (i) & S.0.12 — Constitution of Pakistan, Art.199 — Constitutional petition — Termination of employment — Grievance application — Re...
2015 P L C 220
WAHID BAKHSH Versus Messrs PARAZELSUS PAKISTAN (PVT.) LTD. through Chief Executive Officer and 2 others
Decided Date: Constitutional Petition No.389 of 2012, decided on 3rd March, 2015.
Summary: — S. 41 — Constitution of Pakistan, Art. 199 — Constitutional petition — Worker — Termination of service — Grievance notice — Limitation — Worker was legally bound to issue grievance notice to the employer within three months of the day on which caus...
2015 P L C 195
GELCAPS PAKISTAN EMPLOYEES UNION through General Secretary Versus PROVINCE OF BALOCHISTAN through Chief Secretary and another
Decided Date: Constitutional Petition No.61 of 2014, decided on 11th March, 2014.
Summary: — Ss. 17 & 41 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.11-A — Constitution of Pakistan, Art.199 — Constitutional petition — Maintainability — Unfair labour practice by employer — Closure of establishmen...
2015 P L C 119
ASMAT ULLAH Versus REGISTRAR TRADE UNION BALOCHISTAN, QUETTA and 2 others
Decided Date: Labour Appeal No.18 of 2014, decided on 2nd September, 2014.
Summary: — S. 54(2) — Re-election of trade union — Elections were held with mutual consent of the parties — Change of office bearers — Wrong mentioning of date on the letter regarding change of office bearers — Effect — Contention of the appellant was that wi...
2015 P L C 82
MCB BANK LTD. through Attorney Versus MUHAMMAD IMRAN BHATTI and 2 others
Decided Date: Constitutional Petition No.640 of 2012, decided on 18th August, 2014.
Summary: — Ss. 2(xxx), 46, 46 (1) & 46(2) — Constitution of Pakistan, Art.199 — Constitutional petition — Dismissal of employee from service on the charge of corruption and embezzlement — Employee filed departmental appeal instead of grievance notice — Effect...