Pakistan Case Law← Search
1975 PLC 158

YOUSUF KHAN vs Messers ALLIED TRADING CORPORATION Ltd., KARACHI

Citation1975 PLC 158
CourtLabour Appellate Tribunal
Case No.Appeal No. KAR-612 of 1973
Date1973-09-19
Judge(s)Inamullah Khan
ResultN/A

DECISION This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. 1, Karachi, dated August 6, 1973. The learned Labour Court passed the following order:-- "In view of the foregoing reasons I hold that the order of termination of the services of the applicant dated 9-9-1972 cannot be sustained. Consequently I set aside the order and direct the respondents to re- instate the applicant forthwith in service. In case they want to terminate the services of the applicant on any ground they can do so in conformity with the provisions of S. O. 12(1) within two weeks of this award. In case the Management fails to do so, the applicant would be entitled to his full back benefits," Shahab Silk Mills v. A. Rahim (Inamullah Khan, Appellate Tribunal)

2. The appellant, Yousuf Khan, has appeard in person. He contends that the observation of the learned Labour Court to terminate his services under Standing Order 12(1) within two weeks was uncalled for. If the grounds embodied under Standing Order 12(1) of the Standing Orders Ordinance to terminate the services of the appellant existed, the respondent could terminate the services of the appellant without any observation of the Court. If not, the observation was irrelevant! In fact, it is submitted by the appellant, that the Management was encouraged by this observation and immediately after the award terminated his services on 11th August, 1973. There is much force in the contention of the appellant. The learned Labour Court should not have made any such remarks. I would delete the remarks of the learned Labour Court. The appellant apprehends that if this remark remains it may come in his way in challenging the termination of his services in August, 1973. I would, therefore, delete the following from the operative portion of the award:-- "In case they want to terminate the services of the applicant on any ground they can do so in conformity with the provisions of S, O. 12(1) within two weeks of this award. In case the Management fails to do so, the applicant would be entitled to his full back benefits." With this modification, the award of the Jearned Labour Court is maintained.

Cited by 1 case

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