Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Review Application No. KAR‑207 of 1969, heard on 8th October 1969.
‑--Review ‑‑ dispute ‑‑ Clerical mistake in order of Industrial Appellate Tribunal found obviously to have wrongly contained word "dismiss" instead of word "discharge"‑‑‑' Correct word ordered to be substituted in place of wrong word by Tribunal in review application‑Civil Procedure Code (V of 1908), S. 152 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 196'8), S. O. 12(5).
D. A. James v. Maharaj Pal and others P L D 1 960 Dacca 743 and P L D 1951 Pesh. 67 rel.
Muhmood A. Chant for Applicants.
Nemo for Respondents.
Date of hearing: 8th October 1969
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 (P L D 1960 Dacca 743) and P L D 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.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer