Pakistan Case Law
1996 PLC(CS) 738

QUDRAT SHAH Versus H. NIZAM DIN & SONS, KARACHI

⭐ Prefer in Google
Citation1996 PLC(CS) 738
CourtSindh Labour Appellate Tribunal
Case No.Appeals Nos. KAR‑44 and KAR‑57 to KAR‑61 of 1996
Date1996-04-08
Judge(s)Mushtak Ali Kazi, Appellate Tribunal
ResultAppeals dismissed

DECISION

These are six connected appeals filed by Mr. Shafiq Qureshi on behalf of the workers of M/s. Nizam Din & Sons. Tents Makers at S.I.T.E., Karachi. It is alleged that there were about 400 workers employed in this establishment but the six workers' services were terminated under Order 12 of the Standing Orders Ordinance for the reason that the number of orders for the tents had considerably decreased. The termination, orders were in writing giving reasons

2. The case of the appellant was that about 50 % of the workers were discharged without permission of the Labour Court. The learned Labour Court found that the grievance petition of these workers was clearly time‑barred, and no condonation application for delay had been made, but the reasons justifying the delay could not be accepted. The main grievance of the petitioners was that they were victimised on account of union activities. It is hard to believe that an industrial concern has terminated the services of bulk of its workers just on account of union activities. There is no reliable evidence to prove this point. The respondents were justified under the law for reasons of re‑organisation to reduce their own workers for effecting economy when the orders had gone down. It is not the intention of the labour laws to compel the management to keep the workmen under such circumstances.

3. Under the circumstances I can see no reason to interfere with the order of the Labour Court and these six appeals are dismissed in limine.

H.B.T./108/Lb.S Appeals dismissed.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.