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2021 P L C 79
GETZ PHARMA (PVT.) LIMITED through Authorized Representative Versus MUHAMMAD NAFEES and others
Decided Date: Writ Petitions Nos.327, 340 and 342 of 2020, decided on 20th November, 2020.
Summary: — Ss.15 & 17 — Constitution of Pakistan, Art.199 — Constitutional petition — Claims arising out of deductions from wages or delay in payment of wages — Maintainability — Alternate remedy, non-availability of — Scope — Employer withheld the outstandin...
2021 P L C 59
NESTLE PAKISTAN LIMITED Versus The REGISTRAR TRADE UNIONS and others
Decided Date: I.C.A. No.209 of 2020, decided on 1st October, 2020.
Summary: — Ss.11 & 8 — Cancellation of registration of trade union — Requirements — Scope — Appellant filed application under S.11 of the Industrial Relations Act, 2012, for cancellation of registration of respondent-trade union on the ground that since there...
2021 P L C 39
Khawaja RAUF SEGAL Versus FULL BENCH, NATIONAL INDUSTRIAL RELATIONS COMMISSION and others
Decided Date: Writ Petition No.86 of 2019, decided on 24th August, 2020.
Summary: — Art.199(1)(a)(ii) — Certiorari, writ of — Substitution of findings — Scope — High Court cannot substitute its decision for the one taken by inferior Court or Tribunal — Where High Court quashes a decision, it has the power to remand the matter to C...
2021 P L C 1
ALL PAKISTAN ZTBL WORKERS UNION (CBA) and others Versus FEDERATION OF PAKISTAN through Secretary, Law and Justice Division and others
Decided Date: Writ Petition No.2454 of 2016, decided on 15th September, 2020.
Summary: — Ss.4 & 86 — Registrar of trade unions (RTU) — Appointment — Rules governing appointed of R.T.U. not framed — Effect — Once power is conferred by statues on a particular Authority, in the matter of appointment, that power cannot be rendered redundan...
2020 P L C 153
Messrs SUI SOUTHERN GAS COMPANY LIMITED Versus REGISTRAR OF TRADE UNIONS and others
Decided Date: Civil Petition No. 449 of 2019, decided on 7th January, 2020.
Summary: (Against the judgment dated 07.12.2018 of the Islamabad High Court, Islamabad passed in W.P. No. 3074 of 2017) — Ss. 2(xxxiii) & 19(5) — Contract workers rendering services to Sui Southern Gas Company Limited ("SSGC") engaged through a labour contra...
2020 P L C 150
BASHIR AHMAD and others Versus The DIRECTOR GENERAL, LAHORE DEVELOPMENT AUTHORITY, LAHORE and others
Decided Date: C.Ps. Nos. 2800-2801 of 2019, 2926-2927, 1830-L, 2067-L, 2253-L to 2255-L and 2800-L of 2019, decided on 20th January, 2020.
Summary: (Against the order dated 21.5.2019 of the Lahore High Court, Lahore passed in Writ Petitions Nos. 9693/16, 159063/18, 159053/18, 159059/18, 28373/16, 5846/16, 9696/16, 3901/17, 7590/17 and 7585/17) — S. 33 — Punjab Employees Efficiency, Discipline a...
2020 P L C 44
PHOENIX SECURITY (PVT.) LIMITED Versus PIR MUHAMMAD and others
Decided Date: Civil Petitions Nos. 4719, 4752-4759, 4791-4795 of 2017, decided on 3rd October, 2019.
Summary: (On appeal against Order dated 17.10.2017 passed by the Lahore High Court, Rawalpindi Bench in Writ Petitions Nos. 2803 to 2806 and 3000 to 3002 of 2014 and 303 to 309 of 2015) — S. 5(1)(ix) — Persons not covered under the Punjab Shops and Establish...
2020 P L C 255
HASSAN KHAN Versus ABDUL NABI and 5 others
Decided Date: C.P. No.215 of 2019, decided on 6th July, 2020.
Summary: — Ss.41 & 2(dd)(h) — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) — Balochistan Civil Servants Act (IX of 1974), S.2(1)(b) — Balochistan Government Servants (Conduct) Rules, 1979, R.3(1)(b) — Employee of Commu...
2020 P L C 239
CHIEF EXECUTIVE OFFICER, QESCO and others Versus SHER JAN and others
Decided Date: Constitutional Petitions Nos.964, to 970 of 2017, decided on 29th November, 2019.
Summary: — Ss.41 & 2 (dd) — Grievance petition — Employees of Quetta Electric Supply Company — Promotion — Withdrawal of — "Workman" — Determination of — Procedure — Employees were promoted by the employer company and they assumed their duties against the new...
2020 P L C 135
NOOR-UD-DIN BUGTI through Secretary General and others Versus SULTAN MOHAMMAD MAZDOOR YAR and others
Decided Date: C.Ps. Nos. 669 of 2013 and 400 of 2015, decided on 24th June, 2019.
Summary: — Ss.2(dd)(h)(i), 3 & 24(2) — Balochistan Civil Servants Act (IX of 1974), S. 2(1)(b) — Balochistan Government Servants (Conduct) Rules, 1979, Rr. 2, 3(1)(b) & 30 — Employees of Public Health Engineering Department — Trade union, registration of — "W...
2020 P L C 122
CHIEF EXECUTIVE OFFICER and 2 others Versus KHUDA BAKHSH and 2 others
Decided Date: Constitutional Petition No.351 of 2018, decided on 14th October, 2019.
Summary: — S.41 — Grievance petition — Employee of Electric Supply Company seeking rectification of date of birth in the service record — Scope — Grievance petition for correction of date of birth in service record which was accepted concurrently — Validity —...
2020 P L C 96
CHIEF EXECUTIVE OFFICER QESCO and another Versus AZIZULLAH, COMMERCIAL SUPERINTENDENT and 3 others
Decided Date: Constitutional Petition No.1151 of 2017, decided on 6th August, 2019.
Summary: — S.41 — Redressal of individual grievances — Scope — Respondents claimed two step time scale up-gradation on the basis of an official memorandum issued by the respondent — Trial Court and Appellate Tribunal concurrently accepted the application of r...
2020 P L C 82
NATIONAL CONSTRUCTION LIMITED, through Authorized Officer and others Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION and others
Decided Date: Constitutional Petitions Nos. 889 to 931 of 2018, decided on 25th November, 2019.
Summary: — Ss. 33 & 58 — Constitution of Pakistan, Art. 199 — Constitutional petition — Condonation of delay — Termination of service — Payment of arrears — Concurrent findings by two forums below — Petitioner company terminated services of its employees an...
2020 P L C 72
DEEN MUHAMMAD Versus LABOUR APPELLATE TRIBUNAL and 2 others
Decided Date: C.P. No.1014 of 2017, decided on 13th May, 2019.
Summary: — S.41 — Grievance petition without service of grievance notice — Maintainability — Employee was suspended and was dismissed from service after inquiry — Employee served grievance notice against his suspension through his counsel but no such notice w...
2020 P L C 214
D.G. KHAN CEMENT COMPANY LIMITED D.G. KHAN through Managing Director Versus Malik MUHAMMAD NAZEER and another
Decided Date: Labour Appeal No.289 of 2014, decided on 25th April, 2019.
Summary: — S.33 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) — Grievance petition — Manager of Cement Company — Termination from service — "Workman" — Determination — Principles — Respondent-Company terminated the pe...
2020 P L C 158
CHIEF EXECUTIVE OFFICER GUJRANWALA ELECTRIC POWER COMPANY (GEPCO) GUJRANWALA and others Versus FARZAND ALI
Decided Date: Labour Appeal No.GA-299 of 2019, decided on 13th January, 2020.
Summary: — S.33 — Redress of individual grievances — Change in date of birth — Scope — Respondent's claim was that his year of birth was 1960 which was incorrectly incorporated by the department as 1956 — Respondent, to substantiate his claim, had got a decla...
2020 P L C 247
ALAM KHAN Versus HABIB BANK LIMITED through President and others
Decided Date: Writ Petition No.2673-P of 2020, decided on 8th July, 2020.
Summary: — S.37 — Industrial Relations Act (X of 2012), S. 2 (xxxiii) — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)(c) — Manager Operation of a Bank — Allegation of misconduct — Compulsory retirement from service — Gr...
2020 P L C 251
UBAID and others Versus ICI PAKISTAN LTD. and others
Decided Date: Case No.4A(455)/2018-K, 24(456)/2018-K, decided on 9th July, 2019.
Summary: — S.34 — Grievance petition — Petitioners were employed in the company through contractor — Trade Union registered at provincial level — Deduction of union subscription — Trans-provincial establishment — National Industrial Relations Commission, juri...
2020 P L C 245
ISRAR AHMED Versus FAROOQ KHAN and others
Decided Date: Case No.12B(65) of 2018, decided on 25th March, 2019.
Summary: — Ss.5(2) & 12 — Complaint before Registrar Trade Unions — Appeal against the order of Registrar Trade Unions before National Industrial Relations Commission — Maintainability — Contention of appellant was that Registrar, Trade Unions had passed impu...
2020 P L C 229
HABIB BANK LIMITED Versus GUL MUHAMMAD
Decided Date: Appeal No.12A(01) and C.M.A. No.24(10) of 2019-S, decided on 2nd October, 2019.
Summary: — Ss.33 & 46 — Cashier of a Bank — Allegation of misappropriation — Misconduct — Dismissal from service — Grievance petition — Limitation — Condonation of delay — Non-service of grievance notice to the employer — Effect — Appeal of petitioner-employe...