2017 PLP 8 (PLC N)
Syed WASIM HAIDER Versus KARACHI SHIPYARD AND ENGINEERING WORKS LTD. and another
| Citation | 2017 PLP 8 (PLC N) |
| Forum / Court | Sindh Labour Appellate Tribunal |
| Bench Members | Justice (R) Ali Muhammad Baloch, Member |
| Parties | Syed WASIM HAIDER Versus KARACHI SHIPYARD AND ENGINEERING WORKS LTD. and another |
| Primary Law | Sindh Industrial Relations Act (XXIX of 2013) |
Q1: What are the key laws and sections cited in 2017 PLP 8 (PLC N)?
This judgment primarily cites: Sindh Industrial Relations Act (XXIX of 2013) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 8 (PLC N)?
The case was heard and decided by the Sindh Labour Appellate Tribunal bench comprising: Justice (R) Ali Muhammad Baloch, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 8 (PLC N) (Syed WASIM HAIDER Versus KARACHI SHIPYARD AND ENGINEERING WORKS LTD. and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nishat Warsi for Respondent.
- Justice (R.) ALI MUHAMMAD BALOCH, MEMBER.--- Appellant along with his counsel Mr. Mohammad Saleem Khan is present. Mr. M. Nishat Warsi, learned counsel for respondent M/s. Karachi Shipyard and Engineering Works Ltd., is also present. This appeal is directed against the order dated 04-12-2012 passed the learned Labour Court dismissing the grievance application on the ground of limitation. The counsel for the respondent filed additional legal objections on application for hearing of the same on the ground that the proceedings against the appellant were initiated under Removal From Service (Special Powers) Ordinance, 2000 (R.S.O.), and the Hon'ble Supreme Court of Pakistan in the judgment reported in 2013 SCMR 1707 has held that the proceedings initiated under R.S.O. or the grievances in respect of R.S.O. can be heard by the High Court under Article 199 of the Constitution in writ jurisdiction. I have heard both the learned counsel and amicably it has been decided that matter be remanded to the Labour Court for fresh decision on legal issues including the issue raised before this Tribunal through additional legal objections on the question of limitation and if the Labour Court arrives to the conclusion that it has the jurisdiction, then the Labour Court may proceed on merits. This appeal is disposed of in above circumstances with no order as to costs and as such the order of the Labour Court is set aside for fresh decision of the Labour Court.
Headnotes / Summary
Ss. 34 & 48
Dismissal of grievance application on ground of limitation
Both the parties agreed that matter be remanded to the Labour Court for fresh decision on legal issues including the issue raised before the Tribunal through additional legal objection on the point of limitation
If the Labour Court would arrive to the conclusion that it had the jurisdiction, then the Labour Court could proceed on merits. [Para.1 of the judgment] 2013 SCMR 1707 ref.
Judgment & Decree
Justice (R.) ALI MUHAMMAD BALOCH, MEMBER.
Appellant along with his counsel Mr. Mohammad Saleem Khan is present. Mr. M. Nishat Warsi, learned counsel for respondent M/s. Karachi Shipyard and Engineering Works Ltd., is also present. This appeal is directed against the order dated 04-12-2012 passed the learned Labour Court dismissing the grievance application on the ground of limitation. The counsel for the respondent filed additional legal objections on application for hearing of the same on the ground that the proceedings against the appellant were initiated under Removal From Service (Special Powers) Ordinance, 2000 (R.S.O.), and the Hon'ble Supreme Court of Pakistan in the judgment reported in 2013 SCMR 1707 has held that the proceedings initiated under R.S.O. or the grievances in respect of R.S.O. can be heard by the High Court under Article 199 of the Constitution in writ jurisdiction. I have heard both the learned counsel and amicably it has been decided that matter be remanded to the Labour Court for fresh decision on legal issues including the issue raised before this Tribunal through additional legal objections on the question of limitation and if the Labour Court arrives to the conclusion that it has the jurisdiction, then the Labour Court may proceed on merits. This appeal is disposed of in above circumstances with no order as to costs and as such the order of the Labour Court is set aside for fresh decision of the Labour Court. HBT/13/SLT Order accordingly.