1993 PLP 743 (PLC(CS))
SALAHUDDIN Versus Messrs SAUDI ARABIAN AIRLINES, KARACHI and another
| Citation | 1993 PLP 743 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Agha Ali Hyder, Appellate Tribunal |
| Parties | SALAHUDDIN Versus Messrs SAUDI ARABIAN AIRLINES, KARACHI and another |
Q1: What are the key laws and sections cited in 1993 PLP 743 (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 743 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Agha Ali Hyder, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 743 (PLC(CS)) (SALAHUDDIN Versus Messrs SAUDI ARABIAN AIRLINES, KARACHI and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Nusrat Ali for Appellant.
- Muhammad Farque A. Ghani, Representative for Respondents.
- Date of hearing: 16th May, 1993.
Headnotes / Summary
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑‑ ‑‑‑‑S. 8‑‑‑Issuance of Notification under S. 8 to exempt certain establishment from provisions of Ordinance, would divest jurisdiction of Labour Court. Asrar Ahmed Saifie v. Country Manager, Pakistan Saudi Arabian Airlines and another 1987 PLC 873 ref.
Judgment & Decree
Syed Nusrat Ali for Appellant. Muhammad Farque A. Ghani, Representative for Respondents. Date of hearing: 16th May, 1993. The appellant had been working with the respondents since 1980 and came to be dismissed on 6‑2‑1991 allegedly without any enquiry. This action was challenged in a petition before the Labour Court under section 25‑A of the I.R.O., 1969.
2. In the Written Reply inter alia it was contended that the petition was not maintainable as the Sindh Government Notification dated 8‑11 1990 had exempted the respondents from all the provisions, except section 6, of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1908. It was further alleged that the petition itself was barred by time.
3. The question of the maintainability of the petition itself was taken up as a preliminary issue and in view of the decision in the case of Asrar Ahmed Saifie v. Country Manager, Pakistan Saudi Arabian Airlines and another reported in 1987 PLC page 873, it came to be dismissed as not maintainable.
4. The view of this Tribunal has also consistently been that the issuance of a Notification under section 8 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 will divest the jurisdiction of the Labour Court.
5. As the law stands, the impugned order is not open to any exception, I will, therefore, dismiss the appeal. H.B.T./2208/Lb.S Appeal dismissed.