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PLC 2014 Supreme Court of Pakistan

2014 P L C 203

PAKISTAN TELECOMMUNICATION COMPANY LTD. Versus MEMBER NIRC and others
Decided Date: Civil Appeal No.407 of 2013, decided on 17th February, 2014.
Summary: (On appeal from the judgment of Lahore High Court, Lahore dated 26-11-2012 passed in W.P. No.22454 of 2012.) — Ss. 53, 54 & 2(xxxii) — National Industrial Relations Commission (NIRC), jurisdiction of — Scope — Industrial dispute relating to a "trans...
PLC 2014 Supreme Court of Pakistan

2014 P L C 10

FAUJI FERTILIZER COMPANY LTD. through Factory Manager Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION through Chairman and others
Decided Date: Civil Appeals Nos.83 and 84 of 2006, decided on 16th May, 2013.
Summary: (Against the judgment dated 16-3-2005 passed by the High Court of Sindh, Karachi in Constitutional Petition D-739 of 1993 and D-754 of 1996.) — S. 2(viii) & (xxviii) — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1969), S....
PLC 2014 Balochistan High Court

2014 P L C 351

PAKISTAN WORKERS FEDERATION, BALOCHISTAN through President Pakistan Workers' Federation, Balochistan and others Versus GOVERNMENT OF PAKISTAN through Federal Secretary, Ministry of Law and Justice, Islamabad and others
Decided Date: Constitutional Petitions Nos.226, 425 of 2012, 725, 893 of 2011, 117, 205, 761, 479, and 902 of 2013,decided on 26th June, 2014.
Summary: — Ss. 2(x), (xxxii), 19 & Preamble — Constitution of Pakistan, Arts.142, 199 & Fourth Sched., Part I, Items Nos. 31, 59 & Part. II, Items Nos.3, 13 & 18 — Constitutional petition — Industrial Relations Act, (X of 2012 — Constitutionality — Trans-pr...
PLC 2014 Balochistan High Court

2014 P L C 164

MERCK (PRIVATE) LIMITED through Manager and others Versus MEMBER LABOUR APPELLATE TRIBUNAL, BALOCHISTAN, QUETTA and others
Decided Date: Constitutional Petitions Nos.288 to 297 of 2012, decided on 31st October, 2013.
Summary: — S. 41 — Constitution of Pakistan, Art.199 — Constitutional petition — Unfair labour practice — "Workman", proof of — Back-benefits — Principle of no work no pay — Applicability — Labour Court allowed grievance notice and reinstated employees with b...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 345

HEAD MASTER SANDAL COLLGE, FAISALABAD and 2 others Versus SHAHID MAJEED ASLAM
Decided Date: Labour Appeal No.FD-195 of 2013, decided on 5th March, 2014.
Summary: — Ss. 2(xxxi), 44, 45, 46 & 47 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i), S.O.15 — Termination of service — Grievance petition — Teacher whether "workman" — Services of respondent/teacher were terminated ...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 257

EASTERN LEATHER COMPANY (PVT.) Ltd. through General Manager Finance and 2 others Versus MUHAMMAD ANWAR
Decided Date: Labour Appeal No.LHR-375 of 2012, decided on 30th September, 2013.
Summary: — S.O. 15(3)(c) — Punjab Industrial Relations Act (XIX of 2010), S.33 — Termination of service — Reinstatement in service — Grievance petition — Services of the employee were terminated on the charge that he being extremely irresponsible and negligen...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 248

PRESIDENT, ALLIED BANK LIMITED and 2 others Versus ABDUL HAMEED
Decided Date: Labour Appeal No.LHR-624 of 2012, decided on 9th May, 2013.
Summary: — S.O. 15 — Punjab Industrial Relations Act (XIX of 2010), Ss.33 & 47 — Compulsory retirement on ground of misconduct — Reinstatement despite, receipt of final dues by the employee — Grievance petition by employer/Bank — Plea of the employer was that...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 233

PUNJAB ROAD TRANSPORT CORPORATION through Managing Director, PRTC, Lahore and another Versus KHURSHID AHMAD
Decided Date: Labour Appeal No.LHR-167 of 2013, decided on 16th December, 2013.
Summary: — S.Os. 11 & 12 — Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 51 — Revised Leave Rules, 1981, Rr.15 & 25 — Termination of service due to stoppage of work by employer in the establishment — Grievance petition — Golden Handshake Scheme — ...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 215

ABDUL RAZZAQ Versus DEPUTY MANAGER (OPERATION) FESCO and others
Decided Date: Labour Appeal No.SA-472 of 2012, decided on 20th May, 2013.
Summary: — S.Os. 8(2) & 15(3)(e) — Punjab Industrial Relations Act (XIX of 2010), Ss.33 & 47 — Removal from service for remaining absent from duty — Grievance petition — Employee who was granted leave for 120 days with full pay, sought extention of leave for ...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 197

PRESIDENT/CHIEF EXECUTIVE, ALLIED BANK LIMITED and 2 others Versus SHAHZIB NAVEED
Decided Date: Labour Appeal No.GA-3278 of 2010, decided on 23rd September, 2013.
Summary: — S.O. 15(3) — Punjab Industrial Relations Act (XIX of 2010), S.33 — Termination of service — Grievance petition — Reinstatement — Services of the employee were terminated with immediate effect on the ground that his BCS degree was fake — Principal o...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 185

Mirza BABER Versus MANAGING DIRECTOR WASA FDA, FAISALABAD and others
Decided Date: Labour Appeal No.FD-2445 of 2010, decided on 24th September, 2013.
Summary: — S.O. 1(b) — Punjab Industrial Relations Act (XIX of 2010), S.33 — 'Permanent workman', determination of — Regularization of service — Grievance petition — Employee, who rendered his service continuously for more than 9 months on work-charge basis, ...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 180

MANAGING DIRECTOR, PAKISTAN INTERNATIONAL AIRLINE CORPORATION (PIAC) and others Versus ADIL ZAMAN
Decided Date: Revision Petition No.RI-507 of 2011, decided on 9th December, 2013.
Summary: — Ss. 41 & 55(4) — Flightsteward was grounded and was denied to resume duties on board — Grievance petition — Said petition was disposed of by Labour Court in terms that employee would not be harassed or victimized, but would be allowed duties on boa...
PLC 2014 Punjab Labour Appellate Tribunal

2014 P L C 34

TEHSIL MUNICIPAL ADMINISTRATION, SADIQABAD through Tehsil Municipal Officer and others Versus SAFDAR HUSSAIN and others
Decided Date: Labour Appeals Nos.BR-162, BR-163, BR-164, BR-165, BR-166, BR-167, BR-168, BR-169, BR-170 and BR-171 of 2012, decided on 15th January, 2013.
Summary: — Ss. 41 & 55 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) — Regularization of service — Grievance petition — Employer Authority, had not accepted request of the employees for regularization of their service...
PLC 2014 Peshawar High Court

2014 P L C 190

SECRETARY, INDUSTRIES, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR and another Versus SAMAR GUL and another
Decided Date: Labour Appeal No.10 in W.P. No.3361 of 2011, decided on 29th October, 2013.
Summary: — S. 48 — Khyber Pakhtunkhwa Industrial Relations Act (XVI of 2010), Ss.51 & 83 — General Clauses Act (X of 1897), Ss.6 & 24 — Constitution of Pakistan, Art.247(3) — Provincially Administered Tribal Areas — Forum of appeal — Industrial Relations Ordi...
PLC 2014 Peshawar High Court

2014 P L C 183

MANAGING DIRECTOR, BANK OF KHYBER and 2 others Versus KARIM GUL and 2 others
Decided Date: Writ Petitions Nos.2209 to 2214 of 2013, decided on 9th October, 2013.
Summary: — S. 66(2) — Constitution of Pakistan, Art.199 — Constitutional petition — Statement made by Counsel without written or verbal instruction of the party — Effect — Petition filed by employee was dismissed by Labour Court — Labour Appellate Tribunal ac...
PLC 2014 National Industrial Relations Commission

2014 P L C 229

HABIB BANK WORKERS' FRONT OF PAKISTAN Versus REGISTRAR OF TRADE UNIONS, DIRECTORATE OF LABOUR, GOVERNMENT OF SINDH and others
Decided Date: Case No.19(9) of 2012, decided on 16th September, 2013.
Summary: — Ss. 2(xxxii), 62 & 87 — Collective Bargaining Unit — Determination of — Applicant Trade Union sought declaration of all establishments of the Bank (employer) as one Collective Bargaining Unit all over the country — Certain documents filed by applic...
PLC 2014 National Industrial Relations Commission

2014 P L C 220

BAHRIA FOUNDATION NORTH ISLAMABAD Versus Chaudhry ALI RANDHAWA
Decided Date: Appeal No.48(224) of 2011, decided on 29th July, 2013.
Summary: — Ss. 15 & 17 — Industrial Relations Ordinance (V of 2011), Ss.53, 54, 56 & 58 — Order for payment of amount to the worker by Authority under Payment of Wages Act, 1936 — Appeal before National Industrial Relations Commission — Maintainability — As...
PLC 2014 National Industrial Relations Commission

2014 P L C 148

PAKISTAN WAPDA HYDRO ELECTRIC CENTRAL LABOUR UNION through Central Secretary General Versus REGISTRAR, INDUSTRY-WISE TRADE UNIONS and another
Decided Date: Appeal No.12(4) of 2013, decided on 11th February, 2013.
Summary: — Ss. 6, 7, 8, 9, 12, 13 & 19 — Registration of Trade Union, application for — Registration of applicant's trade union having been cancelled by the Registrar Trade Unions, applicant submitted application seeking the registration of the union with the...
PLC 2014 National Industrial Relations Commission

2014 P L C 145

EMPLOYEES UNION Versus UNITED BANK LIMITED and others
Decided Date: Cases Nos.4A(1373)/12-L and 4A(2656)/96-L, decided on 2nd May, 2013.
Summary: — S. 22-A(8)(g) — Unfair Labour practice by the employers — Petitioner union, had alleged that employer/Bank had become hostile towards the office-bearers and members of the petitioner union due to their lawful trade union activities; that in order t...
PLC 2014 National Industrial Relations Commission

2014 P L C 138

MUHAMMAD NABEEL and others Versus Messrs ENGRO FOODS LIMITED through Director HR and others
Decided Date: No.4B(8) of 2013-K and 4B(9) of 2013-K, decided on 14th June, 2013.
Summary: — S.O. 12 — Industrial Relations Act (X of 2012), S.33 — Termination of service — Grievance petition — Territorial jurisdiction of National Industrial Relations Commission — Employees who were appointed at Islamabad their services had been terminat...