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2025 P L C 204
Messrs GLOBAL PHARMACEUTIAL through Assistant Manager Accounts and others Versus ASSISTANT COMMISSIONER RURAL, ICT, ISLAMABAD / AUTHORITY UNDER PAYMENT OF WAGES ACT, ISLAMABAD and others
Decided Date: Writ Petitions Nos. 449, 450 and 451 of 2025, decided on 27th June, 2025.
Summary: — Ss.1(4), 2(g) & 15 — Industrial Relations Act (X of 2012), S.2(xxxiii) — Phrase "person employed" — Workman — Nature of duty — Recovery of wages — Authority, jurisdiction of — Petitioner / employer company terminated respondent who was its employee...
2025 P L C 190
ALLIED BANK LIMITED through President/Chief Executive and 2 others Versus FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD and 2 others
Decided Date: ----Art. 10-A---Right of fair trial---Scope---Right to a fair hearing entails the right to have one's case decided on merits by a competent forum, after affording an opportunity of being heard---Decision rendered without entering into the merits of the controversy, especially where serious allegations such as submission of forged documents are involved, amounts to a denial of due process.
Summary: — Ss. 33 & 58 — Appeal by or against corporations — Form of appeal — Non-signing/verification of appeal — Curable defect — Fake educational certificates — Termination — After acceptance of grievance petition of employee and his consequential reinstat...
2025 P L C 176
PAKISTAN STEEL MILLS CORPORATION LTD. through Authorized Officer Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD and 9 others
Decided Date: Writ Petition No. 626 of 2022, decided on 29th April, 2025.
Summary: — S. 19 (3), (4), (5) & (6) — National Industrial Relations Commission (Procedure and Functions) Regulations, 2016, Regln. 11 — Referendum/election for determination of Collective Bargaining Agent (CBA) — Statutory requirements — Scope — Submission o...
2025 P L C 141
Ms. IFFAT NAWAZ Versus Messrs THE BANK OF KHYBER through Managing Director and 2 others
Decided Date: Writ Petition No.882 of 2024, decided on 21st April, 2025.
Summary: — S.Os. 15(2) & 15(3)(i) — Charge of fraudulent transactions / embezzlement of funds in connivance with co-accused — Lack of direct, evidence of guilt — Admission of commission of offence by the co-accused solely and non-involvement of petitioner — I...
2025 P L C 100
TOPS FOODS AND BEVERAGES through General Manager and another Versus RIZWAN ALI and others
Decided Date: Writ Petition No.86 of 2021, decided on 31st October, 2024.
Summary: — Ss.33 & 2(xxxiii) — Constitution of Pakistan, Arts. 10-A & 199 — Driver — Allegation of misconduct — Proper inquiry — Penalty of dismissal from service — Legal/procedural requirements in disciplinary proceedings undertaken by a private employer — S...
2025 P L C 216
Mst. SHAMIM RAZA and others Versus HABIB BANK LTD. through President/Chief Executive and others
Decided Date: Civil Appeals Nos.37 and 14 of 2021, decided on 14th February, 2024.
Summary: — Ss. 42, 12, 39 & 54 — Suit for declaration, cancellation of adverse order(s) issued by the Bank, specific performance and restoration of services — Cognovits filed by defendant / bank — Effect — Evidence adduced by the defendant — Deficient — Bank...
2025 P L C (C
SAMINAH SULAIMAN Versus PROVINCIAL GOVERNMENT GILGIT-BALTISTAN, through Chief Secretary, Gilgit-Baltistan Secretariat Gilgit and 7 others
Decided Date: Writ Petition No.419 of 2022, decided on 20th March, 2024.
Summary: — School teachers — Appointment — Criteria (terms and conditions) mentioned in the advertisement, violation of — Effect — Record revealed that the Official Respondents had advertised some posts of Elementary School Teachers BS-14 Education Department...
2025 P L C (C
AMIRUDDIN Versus PROVINCIAL GOVERNMENT GILGIT-BALTISTAN through Chief Secretary, Gilgit-Baltistan Civil Secretariat, Gilgit and 2 others
Decided Date: Writ Petition No.604 of 2022, decided on 17th March, 2023.
Summary: — Posts of Primary/Middle School Teacher (BS-14) at Tehsil (Gupis of District Ghizer) — Appointment — Eligibility — Candidate belonging to hard area of Tehsil — Petitioner /candidate filed writ petition contending that he got first position in his Te...
2024 P L C 338
WAQAR AHMED and others Versus The FEDERATION OF PAKISTAN through Cabinet Secretariat, Establishment Division, Islamabad and others
Decided Date: Civil Petitions Nos. 278-K and 279-K of 2022, decided on 2nd August, 2024.
Summary: (Against the judgment dated 03.12.2021 passed by High Court of Sindh, Karachi in C.Ps. Nos. D-3081 and D-4120 of 2019). — Art. 199 — Employment — Regularization in service — Constitutional jurisdiction of the High Court — Scope — Claim of regulariza...
2024 P L C 314
TOWN ADMINISTRATION and another Versus MOHAMMAD KHALID and others
Decided Date: Civil Petitions Nos. 2697-L and 2698-L of 2016, decided on 28th June, 2024.
Summary: (Appeal against the order dated 23.06.2016 passed by the Lahore High Court, Lahore in W.Ps. Nos. 21263 and 21265 of 2016). — Sched., S.Os. 1(b), 1(e) & 12 — Employees employed for a continuous period exceeding nine months — Dismissal from service wi...
2024 P L C 278
SAKHIB ZAR Versus Messrs K-ELECTRIC LIMITED and others
Decided Date: Civil Petition No. 307-K of 2023, decided on 10th June, 2024.
Summary: (Against the judgment dated 22.11.22 passed by High Court of Sindh at Karachi, in C.P. No. D-255 of 2022). — S.O. 15 — Punishments — Quantum — Scope — As soon as act of misconduct is established and employee is found guilty after due process of law,...
2024 P L C 226
IFFCO PAKISTAN (PRIVATE) LIMITED Versus GHULAM MURTAZA and others
Decided Date: Civil Petitions Nos. 525-K to 541-K of 2023, decided on 4th April, 2024.
Summary: (Against the order dated 14.02.2023 passed by the High Court of Sindh Karachi in Const. Petitions Nos. D-7068, 7069, 7070 to 7084 of 2021). — S. 2(xxxiii) — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 2(i) — W...
2024 P L C 183
COMMISSIONER INLAND REVENUE Versus Messrs RIAZ BOTTLERS (PVT.) LTD. (Now Lotte Akhtar Beverages (Pvt.) Ltd.)
Decided Date: Civil Petition No.3200-L of 2019, decided on 19th February, 2024.
Summary: (Against the Order dated 12.9.2019 passed by the Lahore High Court, Lahore in P.T.R. No. 142 of 2009). — Ss. 2(c) & 9 — Income Tax Ordinance (XXXI of 1979) [since repealed], S. 25(c) — Workers Profit Participation Fund (WPPF) — Amount transferred by...
2024 P L C 164
AMIR SULTAN and 2 others Versus ADJUDICATING AUTHORITY-III EOBI, ISLAMABAD and others
Decided Date: C.P. No.3531 of 2021, C.Ps. Nos. 408, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2468, 2469, 2470, 2471, 2472, 2473 of 2023 and C.P. No. 3495 of 2023, decided on 18th February, 2024.
Summary: (Against the judgment of Islamabad High Court, Islamabad dated 27.04.2021 passed in W.P. No. 2502 of 2020 etc.) — S. 22 & Preamble — Employees' Old-Age Benefits Act, 1976 — Liberal interpretation — Employees' Old-Age Benefits Act, 1976 is a benefici...
2024 P L C 130
Messrs PAK TELECOM MOBILE LIMITED Versus MUHAMMAD ATIF BILAL and 2 others
Decided Date: Civil Petition No. 34 of 2022, decided on 30th January, 2024.
Summary: (Against the judgment dated 17.12.2021 of the Islamabad High Court, Islamabad passed in Writ Petition No. 4481 of 2021). — Ss. 2(xxxiii) & 33 — Individual grievance of a worker, who has been terminated, removed, retrenched, discharged, or dismissed ...
2024 P L C 104
CHIEF EXECUTIVE OFFICER NPGCL, GENCO-III, TPS MUZAFARGARRAH Versus KHALID UMAR TARIQ IMRAN and others
Decided Date: ----Ss. 58 & 85---Civil Procedure Code (V of 1908), O. IX, R. 13---Limitation Act (IX of 1908), S. 5---Ex-parte judgment---Deliberately abstaining from joining proceedings---Dismissal order was challenged by the respondent (employee) before the Labour Court, which was subsequently transferred to the National Industrial Relations Commission ("NIRC")---Petitioner (department) failed to appear before the NIRC---Resultantly ex-parte judgment was passed in favour of respondent (employee)---Application was filed by petitioner under Order IX, Rule 13, C.P.C., accompanied by an application for condonation of delay, to set aside the said ex-parte judgment, however both said applications were dismissed by the Member NIRC, the Full Bench of NIRC, and by the High Court---Validity---Section 58 of the Industrial Relations Act, 2012 ("IRA"), stipulates that any person aggrieved by a 'decision given' by any Bench of the NIRC may, within thirty days of such decision, prefer an appeal to the NIRC; and, the appeal shall be heard and adjudicated by the Full Bench of the NIRC---Aggrieved person is required to file the said appeal within thirty days of such order---So, the petitioner, if feeling aggrieved by the said ex-parte judgment dated 09.11.2018 of the member NIRC, should have filed an appeal by 09.12.2018---It is a matter of record that the petitioner did not file any appeal, and the prescribed period of limitation for filing the appeal under section 58 of IRA expired; therefore, the said ex-parte judgment is final between the parties on the basis of the principle of res judicata---To justify the delay in filing the application to set aside the ex-parte judgment, the petitioner, in the application for condonation of delay, asserted that he did not receive any notice or information regarding the pendency of the grievance petition filed by the respondent; he claimed to have knowledge about the ex-parte judgment on 10.12.2018 when he received an application from a former employee---However, this stance of the petitioner is self-contradictory as the record indicates that he, initially, appeared and participated in the proceedings before the member NIRC and opposed the grievance petition by filing a contesting written reply---Petitioner deliberately chose to abstain from joining the proceedings and displayed non-cooperation with the NIRC---Therefore, petitioner had no right to request its (NIRC) indulgence and seek the setting aside of the ex-parte decree passed against him---Petitioner chose to file an application to set aside the ex-parte judgment instead of filing an appeal under section 58 of IRA---Having failed in the attempt to set aside the ex-parte judgment, the petitioner cannot subsequently venture into other concurrently or coexisting available remedies, such as the remedy of an appeal under section 58 of IRA against the said ex-parte judgment---Petitioner did not file any application for condonation of delay under section 85 of the IRA read with section 5 of the Limitation Act, 1908 along with his appeal before the Full Bench of NIRC---Had the said application been filed, his appeal could have been decided on its merits rather than solely on the point of limitation---Appeal filed by petitioner was rightly dismissed by the Full Bench of NIRC, and by the High Court---Petition was dismissed and leave was refused.
Summary: (Against the order dated 26.04.2022 of the Lahore High Court Lahore passed in W.P. No.77743 of 2019) Pir Bakhsh v. The Chairman, Allotment Committee PLD 1987 SC 145 and Mukhtiar Hussain v. Mst. Shafia Bibi 2023 SCMR 159 ref. — S. 11 & O. II, R. 2 — ...
2024 P L C 91
MUSLIM COMMERCIAL BANK LIMITED Versus RIZWAN ALI KHAN and others
Decided Date: Civil Petition No. 4980 of 2021, decided on 10th November, 2023.
Summary: (Against judgment dated 06.08.2021 passed by the Islamabad High Court, Islamabad in W.P. No. 776 of 2021) — S. 2(xxxiii) — 'Worker' and 'workman', status of — Burden of proof — Factors and evidentiary requirements to be considered by Courts while de...
2024 P L C 74
Mst. SHAHIDA SIDDIQA through President and others Versus ALLIED BANK LIMITED through President and others
Decided Date: Civil Appeals Nos. 836-L and 837-L of 2013, decided on 14th November, 2023.
Summary: (Against the judgment dated 16.1.2013 passed by Lahore High Court, Lahore in W.Ps. Nos. 25273 and 23756 of 2011) — S. 47(3) — Employee of a private bank — Allegation of negligence and carelessness in performing duties — Demotion to a lower grade wit...
2024 P L C 60
MUSLIM COMMERCIAL BANK LIMITED Versus MUHAMMAD ANWAR MANDOKHEL and others
Decided Date: Civil Appeal No. 377 of 2014, decided on 17th October, 2023.
Summary: (Against the judgment dated 19.12.2013 of the High Court of Balochistan, Quetta passed in C.P. No. 139 of 2012) — Question of jurisdiction of the court or a judicial forum assumes paramount importance as the foremost and pivotal consideration — It d...
2024 P L C 50
UNITED BANK LIMITED (UBL) through its President and others Versus JAMIL AHMED and others
Decided Date: Civil Petition No.2997 of 2021, decided on 6th October, 2023.
Summary: (Against the Judgment dated 24.03.2021 passed by the Islamabad High Court, Islamabad in W.P. No.3312 of 2020) — S. 2(xxxiii) — 'Worker' and 'workman' — Proof and burden of proof — In order to adjudicate whether a person is performing his duties as a...