1999 PLP 392 (PLC)
MUSLIM COMMERCIAL BANK LTD. Versus MUHAMMAD YASEEN
| Citation | 1999 PLP 392 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Dr. Tanzilur Rahman, Chairman |
| Parties | MUSLIM COMMERCIAL BANK LTD. Versus MUHAMMAD YASEEN |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 1999 PLP 392 (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 1999 PLP 392 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Dr. Tanzilur Rahman, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 392 (PLC) (MUSLIM COMMERCIAL BANK LTD. Versus MUHAMMAD YASEEN). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ali Amjad for Respondent.
- Date of hearing: 28th January, 1999.
Headnotes / Summary
S. 25-A, 38(3-a) & 22-A
Revisional jurisdiction, exercise of
Question whether in light of facts and circumstances on record National Industrial Relations Commission alone was the forum where employee could seek his remedy and not through Labour Court, was pure question of law and question of jurisdictional nature could be decided without recording evidence
Labour Appellate Tribunal, in exercise of revisional jurisdiction remanded case to Labour Court to decide first the question. Mehmood A. Ghani for the Informant.
Judgment & Decree
Mehmood A. Ghani for the Informant. Ali Amjad for Respondent. Date of hearing: 28th January, 1999. Heard the learned counsel for the parties. Mr. Mehmood A. Ghani has referred to three' questions agitated before the Labour Court through his preliminary Legal Objections, although the Labour Court has simply observed that these are the mixed questions of law and facts which cannot be decided on Legal Objections. .
2. After having gone through the Revision Application I find that there is only one question of pure law which is of a jurisdictional nature and can be decided without recording of evidence and that is a whether in the facts and circumstances of the case, which are on record, the N.I.R.C. alone is the forum where the respondent could seek his remedy, and not through the Labour Court.
3. By consent therefore order impugned in this Revision Application is set aside and the case is remanded to the learned Labour Court to decide first the objection as stated above as early as possible. The hearing should however be completed by 10th February, 1999 because Mr. Ali Amjad states that after 10th of February, 1999 he will be going abroad. The parties are directed to appear before the learned Labour Court on 1st February, 1999 whereupon the learned Labour Court will give a date for arguments at his convenience. Announced :in open Court this the 28th day of January, 1999. H.B.T./276/K/Lab. (Trib.) Order accordingly.