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RAJBY TEXTILE vs MUHAMMAD SAEED alias Saeed Khan Ss — 2026 PLC 153 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2026 PLC 153 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2026
Reporter
PLC
Parties
RAJBY TEXTILE vs MUHAMMAD SAEED alias Saeed Khan Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RAJBY TEXTILE VS MUHAMMAD SAEED alias Saeed Khan Ss. 2(x) & 2(xxx)---Relationship of employee and employer, denial of---Burden of proof---Entire burden was on the company-employer, which had denied the relationship of employer and employee between it and employee to prove such fact. Citation Name: 2026 PLC 153 KARACHI-HIGH-COURT-SINDHBookmark this Case RAJBY TEXTILE VS MUHAMMAD SAEED alias Saeed Khan Ss. 46 & 48---Termination from service---Dismissal of grievance notice and application filed by the employee before the Labour Court---Acceptance of appeal by the Labour Appellate Tribunal while awarding compensation instead of reinstatement---Employer filed Constitutional petition raising objection as to jurisdiction of Labour Courts on the grounds of employer-company being trans-provincial entity and employee being employed by the contractor instead of petitioner-company---Held: Employee engaged directly by the company or through a contractor shall be deemed to the employees of the company, if they perform functions for the benefit of the company---There was no evidence that employee was under control and management of contractor exclusively; that he was not on pay role of the company or that management of company was not even aware of number of employees by the contractor or the terms and conditions of their services, or the contract had the power of hiring and firing the employees including the respondent-employee and he was the one, who would assign work to them---Employee was involved in the manufacturing process undertaken by the petitioner for production, he was working within the premises of the company and was not performing any chores on behalf of the contractor irrelevant to the affairs of the company to assume that respondent was not an employee of petitioner-company---Not only the company had failed to establish its credential as a trans-provincial entity by producing a proof, but had also failed to explain that when employment of employee was in Karachi, why and how the Labour Court had no jurisdiction to entertain the matter, therefore, such plea was held to be not sustainable for the reason that if a person is employed in aparticular province by any establishment, the establishment would be amendable to provincial jurisdiction---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2026 PLC

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