1988 PLP 321 (PLC)
MUHAMMAD AFSAR and another Versus KARACHI TRANSPORT CORPORATION, KARACHI
| Citation | 1988 PLP 321 (PLC) |
| Forum / Court | High Court |
| Bench Members | Ali Namaz Budhani, Appellate Tribunal |
| Parties | MUHAMMAD AFSAR and another Versus KARACHI TRANSPORT CORPORATION, KARACHI |
| Primary Law | West Pakistan Essential Services (Maintenance) Act (XXXIV of 1958)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 321 (PLC)?
This judgment primarily cites: West Pakistan Essential Services (Maintenance) Act (XXXIV of 1958)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 321 (PLC)?
The case was heard and decided by the High Court bench comprising: Ali Namaz Budhani, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 321 (PLC) (MUHAMMAD AFSAR and another Versus KARACHI TRANSPORT CORPORATION, KARACHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ashraf Khan for Appellants. Azmatullah Khan for Respondent. Date of hearing: 12th April 1987.
- 4. I have heard Mr. Muhammad Ashraf the learned Advocate for the appellants and Mr. Azmatullah Khan, the learned representative on behalf of the respondent Corporation and have also perused the record and proceedings of the case. In view of my findings and observations in appeals Nos. Kar. 347 to 358 of 1986, vide, Decision, dated 19‑2‑1987/6‑4‑1987, I would set aside the present two impugned orders and allow these appeals. I would, therefore, remand both these cases to the concerned Labour Court to decide the cased on their own merits, within two months of this Decision.
Headnotes / Summary
‑‑‑S.5‑‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38(3)‑‑Grievance petition‑‑Jurisdiction of Labour Court‑‑Application of Sind Essential Services (Maintenance) Act, 1958‑‑Effect‑‑Petition of employee of Sind Transport Corporation dismissed by Labour Court on legal objection that Sind Essential Services (Maintenance) Act, 1958 was applicable‑‑Order of Labour Court was set aside by Appellate Tribunal and case was remanded for decision on merits.
Judgment & Decree
Muhammad Ashraf Khan for Appellants. Azmatullah Khan for Respondent. Date of hearing: 12th April 1987. These are two appeals filed by the appellants against the two separate impugned orders, dated 10‑1‑1987, passed by the Sind Labour Court No.IV, Karachi, who had dismissed the grievance petitions of the appellants, under section 25‑A I. R.O. 1969, in view of the legal objections submitted by the respondent corporation.
2. Brief facts of both these appeals are that both the appellants had submitted their separate grievance petition, under section 25‑A, I.R.O. 1969, challenging their dismissal from service on the alleged charge of misconduct. The respondent Corporation, instead of contesting the petitions on merits, had challenged the maintainability of the petitions on the legal grounds, that as the Sind Essential Services (Maintenance) Act, 1958 was applicable on the employment of the respondent Corporation, therefore, the Labour Court had no jurisdiction to entertain the grievance petition of a worker under section 25‑A, I.R.0,1969 and to adjudicate upon his grievance.
3. The learned Labour Court, after hearing the parties on this legal point, had passed the impugned order, hence, this appeal As in both these appeals, a common legal point is involved therefore, I would decide both these appeals by this single Decision.
4. I have heard Mr. Muhammad Ashraf the learned Advocate for the appellants and Mr. Azmatullah Khan, the learned representative on behalf of the respondent Corporation and have also perused the record and proceedings of the case. In view of my findings and observations in appeals Nos. Kar. 347 to 358 of 1986, vide, Decision, dated 19‑2‑1987/6‑4‑1987, I would set aside the present two impugned orders and allow these appeals. I would, therefore, remand both these cases to the concerned Labour Court to decide the cased on their own merits, within two months of this Decision.