Pakistan International Airlines Corporation v. Yaseen Omar – sllr 1985 volume 2 page 143

In the case between Yaseen Omar and Pakistan International Airlines Corporation, the court addressed the issue of whether the termination of the plaintiff’s employment contravened the Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971. It was held that the plaintiff qualified as a “workman” engaged in “scheduled employment” within the meaning of the Act and that the defendant failed to establish the statutory exemption regarding the number of employees. The principle reaffirmed was that the burden of proof rests on the employer seeking exemption under statutory provisions. The judgment relied on the substantive interpretation of the Act and standards governing employment protection, underscoring the necessity for clear evidence when invoking statutory exceptions,