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Initializing Secure Chambers
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Initializing Secure Chambers
Citation: 1972 PLC 364
Court: Sindh High Court
Year: 1971
Decision Date: 1971-12-31
Parties: MESSRS FAZAL SHAFIQ TEXTILE MILLS Ltd., Karachis vs REHMAT KHAN AND JUDGMENT
Case cited as 1972 PLC 364
Court Name: Sindh High Court Judge(s): Mir Khuda Bakhsh Marri, Ghulam Rasool K. Shaikh Title:MESSRS FAZAL SHAFIQ TEXTILE MILLS Ltd., Karachis vs REHMAT KHAN AND JUDGMENT Reported As: 1972 PLC 364 Result: Petitions dismissed Judgment JUDGMENT KHUDA BAKSH MARRI, J.-Constitutional Petitions Nos. 200 and 201 of 1969 filed by Messrs Fazal Shafiq Textile Mills Ltd., Karachi against their employees Rehmat Khan and Faizullah, purport to challenge the order of I West Pakistan Industrial Court, Karachi dated 18th February 1969, whereby the learned Industrial Court while Interpreting Standing Order 12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (hereinafter will be called as `Ordinance VI of 1968') with regards to the question of entitlement to gratuity of a permanent workman at the the of his voluntary resignation, came to the conclusion that- "Suffice it to say that there is nothing in Standing Order 12 (5) which would go to prove that gratuity was not payable on resignation. In Standing Order 12 (1), it is stated that the services of the permanent workmen can be terminated by either party by giving one month's notice. Standing Order 12(5) provides that where the services of a permanent workman are terminated for reasons other than misconduct, he shall, in addition to the wages payable to him under clause (1), be paid gratuity equivalent to fifteen days wages for every completed year of service or any part thereof in excess of six…
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