1999 PLP 411 (PLC)
Messrs PLASTICRAFTERS (PVT.) LTD through Officer (Personnel & Admin.) Versus ZAFAR MAHMOOD and another
| Citation | 1999 PLP 411 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Dr. Tanzil-ur-Rahman, Chairman |
| Parties | Messrs PLASTICRAFTERS (PVT.) LTD through Officer (Personnel & Admin.) Versus ZAFAR MAHMOOD and another |
Q1: What are the key laws and sections cited in 1999 PLP 411 (PLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 411 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Dr. Tanzil-ur-Rahman, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 411 (PLC) (Messrs PLASTICRAFTERS (PVT.) LTD through Officer (Personnel & Admin.) Versus ZAFAR MAHMOOD and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Rafiullah for Respondents
- Complainant and his Advocate called absent. Syed Saleem Hussain Zaidi, is present for accused No.4. Mr. Mehboob Rizv Representative is present and filed his Vakalat-nama for accused persons. He also filed application under section 249‑A, Cr.P.C Notice to other side. Mr. Rizvi undertakes that he will bring the accused persons on the next date of hearing. Put off to 19‑4‑1999.
- 3. On the other hand, Mr. Rafiullah, learned Advocate for the respondent submits that it was also agreed, as per terms of compromise, in the aforesaid appeal, that the complaint will be withdrawn by the complainant Zafar Mehmood after having received the entire settled amount. It is, therefore, submitted by him that unless he receives the amount, as settled, in full, he has got every right to pursue his complaint filed under section 25‑A(8) of I.R.O. and thus the order, dated 2‑4‑1999, impugned in this revision, is proper.
Judgment & Decree
2‑4‑1999. Complainant and his Advocate called absent. Syed Saleem Hussain Zaidi, is present for accused No.4. Mr. Mehboob Rizv Representative is present and filed his Vakalat-nama for accused persons. He also filed application under section 249‑A, Cr.P.C Notice to other side. Mr. Rizvi undertakes that he will bring the accused persons on the next date of hearing. Put off to 19‑4‑1999. (Sd.) P/Officer.
2. Mr. Mehboob Rizvi, Representative of the applicant submits that the matter was compromised between the parties in this Tribunal by order, d1ated 19‑3‑1999 in Appeal No.KAR‑13 of 1999, whereby it was, inter alia, agreed that the amount of Rs.87,542, as legal dues, will be paid in four equal monthly instalments. He, therefore, submits that in view of the said compromise, the complaint under section 25‑A(8) of I.R.O., 1969, filed earlier on 8‑2‑1999 by the respondent in the Sindh Labour Court No. l at Karachi, on which the impugned order has been passed by the Labour Court, was illegal.
3. On the other hand, Mr. Rafiullah, learned Advocate for the respondent submits that it was also agreed, as per terms of compromise, in the aforesaid appeal, that the complaint will be withdrawn by the complainant Zafar Mehmood after having received the entire settled amount. It is, therefore, submitted by him that unless he receives the amount, as settled, in full, he has got every right to pursue his complaint filed under section 25‑A(8) of I.R.O. and thus the order, dated 2‑4‑1999, impugned in this revision, is proper.
4. He, however, offers that if the amount is paid to him today, he will withdraw his complaint today.
5. In any case, after hearing the parties, I am of the view that the order, impugned in this Tribunal, was a routine order for notice on his application under section 249‑A, Cr.P.C., and summoning the accused. I find no illegality in the impugned order, passed by the learned Presiding Officer. It was not a final order, as such, the impugned order is maintained and the revision is dismissed in limine.
6. R&P be sent to the Labour Court concerned immediately. The parties are directed to appear before the Labour Court No. l on 28‑4‑1999, in compliance of the order, dated 2‑4‑1999. H.B.T./302/K./Lab. (Trib.) Revision dismissed.