4905/2020 Const. P. M/ Sakina Export International Ltd (Petitioner) V/S Fayyaz Muhammad and Others (Respondent)
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
4905/2020 Const. P. M/ Sakina Export International Ltd (Petitioner) V/S Fayyaz Muhammad and Others (Respondent) Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 12-OCT-20
The main ground agitated by the learned counsel for the petitioner that the respondents were not their employees but the employees of third party contractors. This plea is not tenable in the light of judgment rendered by the Honble Supreme Court in the case of Messrs State Oil Company Limited v. Bakht Siddique and others (2018 SCMR 1181), in which the workers employed by the third-party contractor were held to be the workers of the company--Reverting to the third point that there is no specific provision for the award of compensation in the Industrial Relations Act/Ordinance, we do not agree with the aforesaid assertion for the simple reason that the learned SLAT has dealt with this issue at pargraphs11 and 12 of the impugned common judgment dated 16.01.2020 and assigned valid reasons to award a reasonable compensation of Rs.2,00,000/- each to the private respondents as full and final payment for severance of their employment relationship with the petitioner-company--Dismissed in limine.