ABDUL KARIM SEPOY vs MBA S. I. T. E. LTD., KARACHI-16 — 1965 PLC 440

Citation: 1965 PLC 440

Court: Industrial Court

Year: 1969

Decision Date: 1969-11-19

Parties: ABDUL KARIM SEPOY vs MBA S. I. T. E. LTD., KARACHI-16

Headnotes

at 441 that a Chowkidar is not a workman within the meaning of the Ordinance and the contention of Mr. The next contention is with regard to sections 37 and 38, being urged that jurisdiction of this Court is limited to consideration of application under section 38 involving violation of section 37 of the Ordinance.

Judgment Text

Court Name: Industrial Court Judge(s): Feroze Nana Ghulamali, Muhammad Rasheed, Kasam Usman Kandawalia Title: ABDUL KARIM SEPOY vs MBA S. I. T. E. LTD., KARACHI-16 Case No.: Date of Judgment:1969-11-19 Reported As: 1970 PLC 365 Result: application is dismissed Judgment AWARD The applicant was Sepoy employed with the respondents and by this application under section 38 of the West Pakistan Industrial Disputes Ordinance, 1968, seeks his re-instatement on the ground that the order of the respondents retiring him from service is unlawful and have been passed account of a bias against him. 2. The case of the applicant is that he was appointed as a Sepoy in the S. I. T. E. School in or about the beginning of 1967, that he earned increments from year to year, that his work was satisfactory but that on account of jealousy tie was victimised by being called upon toy produce documentary evidence as to his age and date of birth. He produced a certificate of the Moalim and Posh Imam of his village in Lasbella which was not accepted by the respondents. Conse--quently, his services were terminated with immediate effect, Applicant's case was that he is concerned and connected with the subject-matter of demands constituting Industrial Dispute No. 19 of 1967, pending in this Court, that he has on that account been discriminated against and that his compulsory retirement has prejudiced his service conditions, asserting finally that he has not yet attained 58 years of age. 3. In the…

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