1992 PLP 357 (PLC)
QAMARUZZAMAN SUBHANI Versus Messrs MAYMAR HOUSING SERVICES (Pvt.) LTD., KARACHI
| Citation | 1992 PLP 357 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Ahmed Ali U. Qureshi Appellate Tribunal |
| Parties | QAMARUZZAMAN SUBHANI Versus Messrs MAYMAR HOUSING SERVICES (Pvt.) LTD., KARACHI |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1992 PLP 357 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 357 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Ahmed Ali U. Qureshi Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 357 (PLC) (QAMARUZZAMAN SUBHANI Versus Messrs MAYMAR HOUSING SERVICES (Pvt.) LTD., KARACHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 5th September, 1991.
Headnotes / Summary
S. 36, 38 & 51
Competent Court could pass legal orders or in some case orders which were not strictly considered to be legal
In case of illegal order, party was left with option to file appeal or revision in higher forum
Mere fact that Court did not proceed as per wishes of a party, would not give that party right to move transfer application. Siddique Mirza for Applicant.
Judgment & Decree
S. 36, 38 & 51
Competent Court could pass legal orders or in some case orders which were not strictly considered to be legal
In case of illegal order, party was left with option to file appeal or revision in higher forum
Mere fact that Court did not proceed as per wishes of a party, would not give that party right to move transfer application. Siddique Mirza for Applicant. Date of hearing: 5th September, 1991. Heard Mr. Siddique Mirza for the applicant. This is an application for transfer of the proceedings under section 51 of I.R.O., 1969 pending before the learned Labour Court No. 5 at Karachi to some other Court.
2. The main ground urged by Mr. Siddique Mirza is that under section 51(1) the learned Labour Court had only to pass an order directing the recovery of the amount of dues and Land Revenue arrears and could not enter upon enquiry as to quantum of the amount due and also allow question in cross-examination with regard to the employment of the applicant with some other employer. I need not comment whether the procedure adopted by the learned Labour Court was proper or improper as a competent Court can pass legal order or in some case even orders, which are not strictly considered to legal. In case of an illegal order the party is left with option to file appeal revision in the higher forum. But the mere fact that Court did not proceed as per wishes of a party would not give that party right to move transfer application. I do not find any ground to transfer the proceedings. The transfer application is dismissed in limine. H.B.T./1972/Lb.S Application dismissed.