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Petitioner: MESSRS QADRI SILK MILLS LIMITED, KARACHI VS Respondent: QADRI SILK MILLS WORKERS' UNION
Court Name: Industrial Appellate Tribunal Judge(s): Inamullah Khan Title:MESSRS QADRI SILK MILLS LIMITED, KARACHI vs QADRI SILK MILLS WORKERS'
UNION Case No.: Review Application No. KAR-207 of 1969 Date of Judgment:1969-10-08 Reported As: 1970 PLC 265 Result: N/A Judgment ORDER This is an application for correcting clerical mistake which has occurred in my order dated 25th March 1969, in the following sentence:- . "The employer cannot dismiss the workman without being obliged to pay the workman his gratuity." 2. Again in the following sentence:- "The payment of gratuity is a check on the right of the employer to dismiss a workman". The contention is that the Court could not have meant to use the word "dismiss" in the above sentences. The appropriate word was "discharge". 4. The question in the application, which resulted in my order dated 25th March 1969, was as to whether a workman was entitled to payment of gratuity on resignation. The answer of the question depended on the interpretation of Order X11, of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Standing Order 12(5) of the Standing Orders clearly makes a provision entitling the employer not to gratuity if he were to dismiss a workman on the ground of mis--conduct. The word "dismiss", therefore, in the two sentences, already mentioned, is obviously an error. The proper word was "discharge". That such a mistake can be corrected finds support from the case D. A. James v. Maharajpal and others (PLD 1960 Dacca 743) and PLD 1954 Pesh. 67. t would, therefore, order that in place of the word "dismiss" in the two sentences, already mentioned, the word "discharge" is to be substituted. 4. The application was called at 9 a.m. No one appeared for the Union. I waited for half an hour and then took up the matter. No one still appears for the Union.