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1972 PLC 270

MUHAMMAD YAMIN vs MESSRS CAPITAL PRINTING PRESS, KARACHI

Citation1972 PLC 270
CourtLabour Court
Case No.Application No. 336 of 1971
Date1972-01-05
Judge(s)Kasam Usman Kandawala, F. A. Khan, Shaffi M. R. Ahmad
ResultN/A

1. AWARD SHAFFI MUHAMMAD R. AKHUND (CHAIPMAN).-In this appli--cation under section 34 of the I. R.. O., 1969, the applicant claims his dues from the respondent on account of illegal termination of service.

2. The applicant's case is that he was the permanent workman of the respondent Printing Press where over 70 workers were employed. The respondent terminated his services unlawful without any charge-sheet, show-cause notice or any termination order. He therefore, claims the following dues:-.

3. Rs.

(a) Earned Wages from 1st December 1968, to 11th December 1968.133.00

(b) Notice Pay, equal to 1 month's salary400.00

(c) Gratuity for eight years service1,600.00 Total : 2,133.00

(d) Compensation for the forced unemployment as the Court deems fit Several summons were issued to the respondent but could not be served as it was reported that the premises were closed. Consequently, there is no reply statement from the respondent and the case proceeded ex parte.

4. The applicant has sworn an affidavit in support of his contention, reiterating the averments made in the application. He has not stated as to when he was discharged. But, fit appears from the dues he has claimed that he was discharged on 11th December 1968. He states in the affidavit that, on account of being unaware of the law, he had first approached the authorities under the Shops Act but was directed to seek relief from this Court.

5. Since the claim of the applicant stands unchallenged, hiss application is granted and he is awarded the dues mentioned at (a), (b) and (c) in. The affidavit amounting to Rs. 2,133.00 (Rupees to thousand one hundred thirty-three only). Com--pensation for forced unemployment is not awarded to him as he has come after great delay in the Court.

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