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1996 PLC 744

GHULAM NABI vs Messrs PROGRESSIVE LABORATORIES (PVT.) LTD., KARACHI

Citation1996 PLC 744
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-156 of 1996
Date1996-04-21
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION ' This appeal is directed against the order of the 1st Sindh Labour Court, Krachi dismissing the grievance petition of the appellant claiming overtime wages for 10 years, cancellation of the order of transfer from Karachi to Hyderabad and the employers taking forcible work from him as Cowkidar.

2. The appellant was working as Chowkidar from 1-8-1983 with the respondent Laboratories. It is the case of the appellant that he worked for 12 hors per day and he was also forced to work on Fridays and holidays. That he was not being paid any overtime wages for this forced extra work. By letter daed 18-2-1993 he was transferred from Karachi to Hyderabad office. He did not join at Hyderabad but served the respondent-Company with the grievance notice claiming overtime wages and withdrawal of the transfer order from Karachi to Hyderabad. He remained absent from duty with effect from 22-1-1993.

3. The company maintained that it was the practice for the Chowkidar to work for 12 hours per day without claiming overtime Allowance. That as per the terms and conditions of service he was liable to be transferred to any office of the company. That he was not therefore entitled to the reliefs claimed by him.

4. Thus the appellant has not been terminated from service by the company but he has absented himself from service on account of transfer. The learned Labour Court found that overtime could not be claimed after 10 years. That there was nothing mala fide in the transfer order and it was a routine matter. That the appellant is still in service but he has absented himself because he was legally transferred.

5. I can see no reason to interfere with the findings of the Labour Court. This appeal is accordingly dismissed in limine.

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