2011 SCMR 253 (PLP)
PEARL CONTINENTAL HOTEL, KARACHI WORKERS UNION — Appellants Versus MEMBER, N.I.R.C. and another — Respondents
| Citation | 2011 SCMR 253 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C. J., Khilji Arif Hussain and Khalil-ur-Rehman Ramday, JJ |
| Parties | PEARL CONTINENTAL HOTEL, KARACHI WORKERS UNION — Appellants Versus MEMBER, N.I.R.C. and another — Respondents |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969) |
Q1: What are the key laws and sections cited in 2011 SCMR 253 (PLP)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 253 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C. J., Khilji Arif Hussain and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 253 (PLP) (PEARL CONTINENTAL HOTEL, KARACHI WORKERS UNION — Appellants Versus MEMBER, N.I.R.C. and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 25-A--- Constitution of Pakistan, Art. 212(3)--- Grievance petition---Appellant union approached the Labour Court under S.25-A of Industrial Relations Ordinance, 1969---Except the case of one worker, remaining cases were still pending on the file of the Labour Court for final decision and arguments had been heard and the judgment was likely to be pronounced---Workers whose case had been dismissed by the Labour Court had approached the Labour Appellate Tribunal---Counsel for appellant had stated that the case be disposed of with the observation that' let the Labour Court decide the same expeditiously and same direction should be given to Labour Appellate Tribunal---Counsel for the respondents having no objection, appeal was disposed of accordingly---Supreme Court directed that Labour Court as well as Labour Appellate Tribunal should dispose of the case expeditiously within a period of one month---Order accordingly.
- Syed Shahanshah Hussain, Advocate Supreme Court for Appellant.
- Mehmood A. Ghani, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Respondent No.2.
Headnotes / Summary
(On appeal from the impugned judgment dated 13-3-2002 passed by High Court of Sindh in C.P. No.D-2550 of 2001). Respondent No. 1 Ex parte.
Judgment & Decree
We have heard the learned counsel for the parties. During the arguments, it transpired that no sooner the status quo order passed by NIRC dated December, 13, 2001 was vacated by the learned High Court of Sindh on 16th January, 2002 services of workers/appellant union were terminated. In the meanwhile, learned Full Bench of High Court Sindh had announced the judgment holding that in respect of registration of the Union, NIRC had no jurisdiction. The appellant approached the Labour Court under section 25-A of the Industrial Relations Ordinance, 1969. Except the case of one worker remaining cases are still pending on the file of the Labour Court for final decision and reportedly arguments have been heard and the judgment is likely to be pronounced. As far as one of the workers, whose case has been dismissed by the Labour Court had approached the Labour Appellate Tribunal, Karachi. In view of the matter, we inquired from learned counsel for the appellant, as to whether in changed circumstances of the case, the instant proceedings have become infructuous, he conceded and stated that question raised by him; required to be adjudicated upon for determination of the future jurisdiction of the NIRC. The same was the opinion of learned counsel for the respondents. However, when we pointed out to them that in view of the circumstances put forth herein before there is no live issue as workers/appellants themselves have approached the Labour Court. On this, he stated that the case be disposed of with the observation that let the Labour Court decide the same expeditiously within a period of one month and same direction should be given to the Sindh Labour Appellate Tribunal, without being influenced in any manner from the impugned judgment in this appeal dated 13-3-2002. Learned counsel for the respondent has no objection. In view of the above the Appeal is disposed of accordingly. Let the Labour Court as well as Labour Appellate Tribunal dispose of the case expeditiously without being influenced in any manner from the impugned judgment dated 13-3-2002, within a period of one month and judgment should be sent to the Registrar of this Court for our perusal in Chambers. H.B.T./P-3/SC Order accordingly.