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1996 PLC 303

Messrs KATREX SILK MILLS LIMITED, KARACHI and 3 others vs Sheikh GULZAR

Citation1996 PLC 303
CourtLabour Appellate Tribunal
Case No.Appeals Nos. KAR-181 and 188 of 1995
Date1996-01-14
Judge(s)Mushtaq Ali Kazi
ResultAppeals dismissed

DECISION ' These are two cross-appeals arising from the order of Second Sindh Labour Court, Karachi whereby the grievance petitions of the workers were allowed for re-instatement but not for the payment of back benefits.

2. Sheikh Gulzar and Yaqoob Ahmed were employed as weavers in the Powerloom Factory of M/s. Katrex Silk Mills Ltd. On daily wages of Rs,70 per day. Since the workers were made to work for 12 hours daily they claimed overtime allowance but though promised it was not paid. Without issuing any termination letters the workers were locked out. The workers filed their grievance petitions but it was contended by the management that the weaving job in the Factory had been given on contract and the workers were employed by the Contractor.

3. The learned Labour Court however found that there was no Contractor or any intermediary and the wages were paid directly by the management. The Wages Registers have been produced. The workers were thus orally terminated and the learned Labour Court ordered their re-instatement in service within 30 days. No back benefits were however allowed to the workers as the same were not claimed in the grievance petitions or in the affidavits. Their claim for overtime was also found to be time-barred and vague. Hence claim was rejected.

4. I have heard Ch. Muhammad Ashraf for the mills and Mr. Shafiq Qureshi for the workers. I find the order of the Labour Court to be reasonable and proper and cannot find any ground for interference with the findings.

5. There is no substance in these appeals which are accordingly dismissed.

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