1990 PLP 448 (PLC)
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR and 3 others Versus ABDUL GHAFFAR
| Citation | 1990 PLP 448 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Ahmed Ali G: Qureshi, Appellate Tribunal |
| Parties | DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR and 3 others Versus ABDUL GHAFFAR |
Q1: What are the key laws and sections cited in 1990 PLP 448 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 448 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Ahmed Ali G: Qureshi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 448 (PLC) (DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR and 3 others Versus ABDUL GHAFFAR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shabbir Awan for Appellants.
- Muhammad Akram, Representative for Respondent.
- Date of hearing: 22nd May. 1989.
- 3. Mr. Shabbir Awan, learned Advocate for the appellants, however contends that the appeal is signed by the appellant though not presented by him and, therefore, it is maintainable. However, he was not able to cite a single authority where such appeal had been held to be maintainable by the Tribunal or by the superior Courts. Admittedly in Labour Courts the grievance petition has to be presented by the worker himself or through his shop steward or C.B.A. and not through his counsel or Representative. In the relevant provision with regard to appeal viz. section 37(3), I.R.O. 1969, the word "aggrieved party" has been used for the party who can prefer the appeal. Normally the procedure prescribed for presenting the petition in the Labour Court would be adopted for presentation of appeal also under circumstances and in view of this Tribunal decisions, I am of the view that the appeal has not been properly presented and it is, therefore. I dismissed.
Headnotes / Summary
Industrial Relations Ordinance (XXIII of 1969)‑‑ ‑‑‑S. 37(3)‑‑‑Appeal singed by appellant aggrieved party not presented by himself but by counsel‑‑‑Effect‑‑‑Appeal, held, was not properly presented hence not maintainable. 1989 P L C 175 rel.
Judgment & Decree
1989 P L C 175 rel. Shabbir Awan for Appellants. Muhammad Akram, Representative for Respondent. Date of hearing: 22nd May. 1989. This is an appeal against the order of learned Sindh labour Court No. VII at Sukkur, dated 18‑2‑1989, whereby the grievance petition of the respondent was allowed.
2. Mr. Muhammad Akram, learned Representative for the respondent has taken preliminary objection to the maintainability of the‑ appeal on the ground that it has not been properly presented as it is not presented by the aggrieved party but it has been presented by Mr. Shabbir Awan, learned counsel for the appellants. In support of his contentions he has relied upon 1989 P L C 175 wherein this Tribunal had dismissed the appeal on the ground that it was presented by the counsel for the appellant and not by the appellant himself.
3. Mr. Shabbir Awan, learned Advocate for the appellants, however contends that the appeal is signed by the appellant though not presented by him and, therefore, it is maintainable. However, he was not able to cite a single authority where such appeal had been held to be maintainable by the Tribunal or by the superior Courts. Admittedly in Labour Courts the grievance petition has to be presented by the worker himself or through his shop steward or C.B.A. and not through his counsel or Representative. In the relevant provision with regard to appeal viz. section 37(3), I.R.O. 1969, the word "aggrieved party" has been used for the party who can prefer the appeal. Normally the procedure prescribed for presenting the petition in the Labour Court would be adopted for presentation of appeal also under circumstances and in view of this Tribunal decisions, I am of the view that the appeal has not been properly presented and it is, therefore. I dismissed. A.E./1448/Lb. S Appeal dismissed.