Case BriefsForeign Courts

Pakistan Supreme Court: The Bench of Gulzar Ahmed,  Faisal Arab and Ijaz UL Ahsan, JJ., dismissed the petition filed against a Judgment of the Lahore High Court through which the appeal filed by the petitioner regarding the termination of his services was dismissed.

The facts of the case were that the petitioner was appointed as an ECG Technician in District Headquarters Hospital, Rawalpindi in 2005 on a contract basis. In 2009, his services were terminated. He challenged his termination through a representation which was not decided. He, therefore, approached the High Court in its constitutional jurisdiction. The High Court directed the respondents to decide the petitioner’s representation. This was dismissed by the departmental authority. The petitioner challenged the said order which was allowed. The respondents, feeling aggrieved, challenged the said judgment through two separate Intra Court Appeals which were allowed; the above facts raised the current contention. The Counsel for the petitioner, Sardar Abdul Raziq Khan and Syed Rafaqat Hussain Shah submitted that the Division Bench of the High Court fell in error in reversing the findings of the Single Judge in a mechanical manner, ICA filed by the Rawalpindi Medical College , which was neither a party to the proceedings nor directly aggrieved of the order, was not competent and the ICA filed by the Government of Punjab was barred by time and the Division Bench erred in law in entertaining the appeals. The respondents defended this by raising the point of law that if two appeals against the same impugned judgment are filed, one of which is within time, the other appeal should also be entertained and decided on merit rather than being dismissed on technical grounds.

The Court held that the appeal filed by the RMC was within time and even if the appeal filed by the Government of Punjab was barred by time, the Division Bench had a legal basis and lawful justification to entertain and decide both appeals on merits. Further, the Court found that the order of petitioner’s appointment was void and no period of limitation runs against a void order. The second issue that was considered was that the dispute between the parties related to contract employment. The Court stated that it is settled law that a contract employee is debarred from approaching the High Court in its constitutional jurisdiction. The only remedy available to a contract employee is to file a suit for damages alleging breach of contract or failure to extend the contract. Therefore, it was held that the petitioner approached the wrong forum in the first place and the Single Judge had exceeded his jurisdiction by interfering in a purely contractual matter. The appeal was thus dismissed. [Qazi Munir Ahmed v. Rawalpindi Medical College and Allied Hospital, 2019 SCC OnLine Pak SC 3, Order dated 06-03-2019]

Case BriefsHigh Courts

Delhi High Court: A Single Judge Bench comprising of Anu Malhotra, J. gave a decision by upholding the decision of Presiding Officer of Labour Court-X, Karkardooma, Delhi, regarding the illegal termination of services of the workmen.

In the present case, services of two work persons Laxmi and Raj Kumar were allegedly terminated by the management i.e. New Delhi Institute of Management.

It was contended by the management; both the work persons were appointed on ad hoc basis and thus the Minimum Wages Act, 1948 would not be applied. Nevertheless, both of them were paid the salary higher than the market standard. As per the statement of claim, the management was not providing the legal facilities such as PF, ESI, appointment letter, attendance card, leave book, payslip, annual and casual leave, overtime wages, bonus etc. to its employees and on their demanding the minimum wages, the management got annoyed with them and terminated the services of both the stated work persons on obtaining their signatures on blank papers. Further, their claim was entertained by the Labour Conciliation Officer but no settlement was arrived at.

Management had failed to prove that Raj Kumar had made a request for settlement of his dues as he had taken up some other job and similarly Laxmi had made a request for settlement of her dues as she was not in a position to continue her services and thus it was held that the management had failed to prove that the resignations were voluntary, which led to illegal termination of the workmen. Management had assailed the award contending the impugned award to be erroneous and proceeded on wrong presumption of law and facts.

Workmen had submitted that the management was misleading the Court by interpreting the salary vouchers as being towards ‘full and final’ settlement. The phrase ‘full and final payment’ was later inserted by the management malafide to thwart the course of justice. Further, the workmen contended that they had never resigned and their services were terminated by the management.

Hence, on consideration of the record available, the Court was of the view that the Labour Court’s decision cannot be faulted as there is no error of law that is apparent on the face of record of the impugned award. No requisite notice was issued to the workmen for termination of their services; they could have been terminated in accordance with Section 25 F of the Industrial Disputes Act, 1947, which having not been done so, it was rightly concluded by the labour Court that the termination of services of the workmen was in contravention of the law and was illegal.

The writ petitions were disposed of accordingly. [Laxmi v. New Delhi Institute of Management,2018 SCC OnLine Del 12290, decided on 03-11-2018]