P L D 1979 Karachi 549 (PLP)
ABDUL MAJID AHMED BAWANY AND 7 OTHERS — Appellants Versus III SIND LABOUR COURT, KARACHI AND 3 OTHERS — Respondents
| Citation | P L D 1979 Karachi 549 (PLP) |
| Forum / Court | S. 37 read with Labour Laws (Amendment) Ordinance (IX of 1972), Industrial Relations (Amendment) Ordinance (KLVIII of 1972) and Industrial Relations (Amendment) Act (XXIX of 1973)-Appeal Provisions of Amendment Ordinances of 1972 and Amendment Act of 1973 neither expressly nor by necessary intendment seek to deprive person affected by a decision of Labour Court, before date of enact ment, of a right of appeal.-Appeal (civil). |
| Bench Members | Abdul Hayee Kureshi and I. Mahmud, JJ |
| Parties | ABDUL MAJID AHMED BAWANY AND 7 OTHERS — Appellants Versus III SIND LABOUR COURT, KARACHI AND 3 OTHERS — Respondents |
| Primary Law | (b) Industrial Relations Ordinance (XXIII of 1969), (a) Appeal |
Q1: What are the key laws and sections cited in P L D 1979 Karachi 549 (PLP)?
This judgment primarily cites: (b) Industrial Relations Ordinance (XXIII of 1969), (a) Appeal as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1979 Karachi 549 (PLP)?
The case was heard and decided by the S. 37 read with Labour Laws (Amendment) Ordinance (IX of 1972), Industrial Relations (Amendment) Ordinance (KLVIII of 1972) and Industrial Relations (Amendment) Act (XXIX of 1973)-Appeal Provisions of Amendment Ordinances of 1972 and Amendment Act of 1973 neither expressly nor by necessary intendment seek to deprive person affected by a decision of Labour Court, before date of enact ment, of a right of appeal.-Appeal (civil). bench comprising: Abdul Hayee Kureshi and I. Mahmud, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1979 Karachi 549 (PLP) (ABDUL MAJID AHMED BAWANY AND 7 OTHERS — Appellants Versus III SIND LABOUR COURT, KARACHI AND 3 OTHERS — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mohsin Tayab Ali for Appellants.
- Khalilur Rehman for Respondents Nos. 2 to 4.
- Dates of hearing : 13th and 14th February 1979.
Headnotes / Summary
A step in proceedings, not a matter of mere procedure but a substantive right to be preserved till rest of career in litigation-Right of appeal becomes vested as soon as an action commences-Such right can only be extinguished if Legislature expressly so provides or con clusion of extinction can be justified in doctrine of necessary intend ment.-[Interpretation of statutes-Doctrine of necessity.-[Appeal (civil)). Craies on Statute Law, 5th Edn., p. 37 ; Blndra on Interpretation of Statutes, 3rd Edn., p. 577 ; Saeedurrehman v. Chief Election Commissioner, Dacca P L D 1965 S C 157 ; Delhi Cloth and General Mills Co. Ltd. v. Income-tax Commissioner A I R 1927 P C 242; Gari Kapati Veeraya v. Subbiah Chowdhry P L D 1957 S C (Ind.) 448 and Ghaai and others v. The State P L D 1962 Lah. 662 ref. S. 37 read with Labour Laws (Amendment) Ordinance (IX of 1972), Industrial Relations (Amendment) Ordinance (KLVIII of 1972) and Industrial Relations (Amendment) Act (XXIX of 1973)-Appeal Provisions of Amendment Ordinances of 1972 and Amendment Act of 1973 neither expressly nor by necessary intendment seek to deprive person affected by a decision of Labour Court, before date of enact ment, of a right of appeal.-[Appeal (civil)]. Respondent No. 1 (absent).
Judgment & Decree
Craies on Statute Law, 5th Edn., p. 37 ; Blndra on Interpretation of Statutes, 3rd Edn., p. 577 ; Saeedurrehman v. Chief Election Commissioner, Dacca P L D 1965 S C 157 ; Delhi Cloth and General Mills Co. Ltd. v. Income‑tax Commissioner A I R 1927 P C 242; Gari Kapati Veeraya v. Subbiah Chowdhry P L D 1957 S C (Ind.) 448 and Ghaai and others v. The State P L D 1962 Lah. 662 ref. (b) Industrial Relations Ordinance (XXIII of 1969)‑ S. 37 read with Labour Laws (Amendment) Ordinance (IX of 1972), Industrial Relations (Amendment) Ordinance (KLVIII of 1972) and Industrial Relations (Amendment) Act (XXIX of 1973)‑Appeal Provisions of Amendment Ordinances of 1972 and Amendment Act of 1973 neither expressly nor by necessary intendment seek to deprive person affected by a decision of Labour Court, before date of enact ment, of a right of appeal.‑[Appeal (civil)]. Mohsin Tayab Ali for Appellants. Respondent No. 1 (absent). Khalilur Rehman for Respondents Nos. 2 to