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2024 P L C 155
MUHAMMAD IDREES ABBASI Versus The NEWS PUBLICATIONS (PVT.) LIMITED, RAWALPINDI
Decided Date: Case No.IT/P/1800/19/C, decided on 30th December, 2022.
Summary: — S. 13 (1) (c) — Civil Procedure Code (V of 1908), O.VII, R.10 & S.151 — Petition filed by an employee of a company / contractor which (company) was engaged (outsourced) by the management/ establishment of the newspaper — Implementation Tribunal for...
2024 P L C 128
STATE Versus DAILY JINNAH, ISLAMABAD
Decided Date: Case No.IT/P/8WBA/56/SM, decided on 7th November, 2023.
Summary: — S. 13 — Implementation Tribunal for Newspaper Employees (Procedure and Function) Rules, 1977, R. 17 — Filing of declaration by the Newspaper Management / Establishment, failure of — Effect — Conduct of the management — On petition filed by the Stat...
2024 P L C 324
PAKISTAN TELECOMMUNICATION COMPANY LTD. Versus Mst. FATIMA and others
Decided Date: Writ Petition No.3226 of 2019, decided on 18th August, 2023.
Summary: — Ss. 33(6)& 33(7) — Orders passed by the National Industrial Relations Commission ('NIRC'), non-compliance of — Complaint against the employer for its non-compliance of previous order(s) passed by NIRC — Order of the NIRC not specifying a date /peri...
2024 P L C 253
PAKISTAN INTERNATIONAL AIRLINES CORPORATION LIMITED Versus FULL BENCH, NIRC and others
Decided Date: Writ Petition No.738 of 2023, decided on 10th June, 2024.
Summary: — S.Os. 12 & 15 — Termination of service — Workman of permanent nature — Petitioner / Pakistan International Airline Corporation (PIAC) was aggrieved of concurrent orders passed by both the fora of National Industrial Relation Commission directing re...
2024 P L C 188
ICI PAKISTAN LIMITED through authorized representative Versus APPELLATE AUTHORITY, BOARD OF TRUSTEES OF THE EMPLOYEE OLD AGE BENEFITS INSTITUTION and 2 others
Decided Date: ----Ss. 2(e)(vii), 9, 10, 12 & 40---Road Transport Workers Ordinance (XXVIII of 1961), S.2(7)---Drivers of road transport---Companies/service status of employee---Determination---Petitioner / company was aggrieved of demand notice seeking recovery of contribution on behalf of drivers and other employees of goods transport companies engaged by petitioner / company for distribution of its products all over Pakistan---Validity---Road transport service as per definition under S. 2(e)(vii) of Employees' Old-Age Benefits Act, 1976, read with Road Transport Workers Ordinance, 1961, means an "establishment" in which case it would be the "employer" in relation to the "employees" employed by it directly or through any other person by virtue of definitions of such terms---If clients / customers of such road transport service are considered as "employer" vis a vis the employees of road transport service then definition of "establishment" to the extent of S.2(e)(v) of Employees' Old-Age Benefits Act, 1976, would become redundant as a road transport service would never be the "employer" itself---Authorities failed to consider whether respondent was a road transport service or not and the effect thereof---No hard and fast rule could be laid out for the purpose of determining whether a person was employed by an "industry" or "establishment" through any other person or whether such person was the employee of independent contractor the "industry" or "establishment" had contracted with for provision of services---Each case had to be decided on the basis of its own peculiar facts and circumstances---No decision could be reached without analysis of relevant factors---Authorities in their order and decision in question did not take into consideration relevant factors nor weighed in on them as required---High Court set aside the order and decision in question and matter was remanded to Adjudicating Authority of Employees' Old-Age Benefits Institution to decide petitioner's complaint afresh in accordance with the law---Constitutional petition was allowed accordingly.
Summary: — S.2(bb) — Employee — Definition — Term "employee" includes persons employed through any other person for wages or otherwise to do any work in or in connection with the affairs of an industry and establishment under a contract of service or apprenti...
2024 P L C 79
PAKISTAN TELECOMMUNICATION COMPANY LIMITED Versus PAKISTAN TELECOM LABOUR UNION and others
Decided Date: I.C.A. No.324 of 2016, decided on 27th March, 2023.
Summary: — Ss.33, 20, 21 & 60 — Constitution of Pakistan, Art.199 — Intra Court Appeal — Constitutional petition seeking relief(s) for the enforcement of legal right(s) of the members of trade unions — Maintainability — Collective Bargaining Agent ('CBA'), fu...
2024 P L C 30
Messrs KUWAIT AIRWAYS COMPANY through Authorised Representative Versus FULL BENCH, NIRC and 2 others
Decided Date: Writ Petition No.3767 of 2022, decided on 23rd May, 2023.
Summary: — S.Os. 12 &15 — Industrial Relations Act (X of 2012), S.33 — Termination simplicitor — Allegation of misconduct, absence of — Re-instatement into service — Member-NIRC re-instated workman (lady/Security Assistant) into service with all back benefits...
2024 P L C 18
FEDERAL REVENUE ALLIANCE EMPLOYEES UNION through President Versus FEDERAL BOARD OF REVENUE through Chairman
Decided Date: I.C.A. No.01 of 2016 in Writ Petition No.4004 of 2010, decided on 22nd June, 2023.
Summary: — Regln. 8(1) — Industrial Relations Act (IV of 2008), S.1(3)(b) — Industrial Relations Act (X of 2012), S.2(xxxiii) — Registration as a trade union, matter of — Intra Court appeal filed by the employees — Maintainability — National Industrial Relati...
2024 P L C 1
ISLAMABAD ELECTRIC SUPPLY COMPANY Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION and others
Decided Date: Writ Petition No.1747 of 2020, decided on 11th October, 2023.
Summary: — S.33(4) — Grievance petition — Pre-mature — Filing before expiry of 15 days — Effect — Petitioner / employer company was aggrieved of acceptance of grievance petition of respondent / workman which resulted into regularization of his service — Plea ...
2023 P L C 135
PAKISTAN TELEVISION CORPORATION Versus NOOR SANAT SHAH
Decided Date: Civil Appeal No. 284 of 2017, decided on 27th September, 2022.
Summary: (Against judgment dated 18.10.2016 of the Islamabad High Court, Islamabad passed in Regular Second Appeal No. 30 of 2015) — S. 9 — Tortious breach by a State Corporation resulting in pure economic loss to its employee — Suit for damages for tortious...
2023 P L C 65
CHIEF ENGINEER, GUJRANWALA ELECTRIC POWER COMPANY (GEPCO), GUJRANWALA Versus KHALID MEHMOOD and others
Decided Date: Civil Appeals Nos. 1685 to 1687 of 2021, decided on 3rd October, 2022.
Summary: (Against the judgment dated 08.01.2021 passed by the Lahore High Court, Lahore, in W.Ps. Nos. 428, 431 and 432 of 2021) — Rr. 5(iii) & 5(iv) — Disciplinary proceedings — Regular inquiry — Scope — No rigid or definitive rule that in each and every ca...
2023 P L C 217
OIL AND GAS DEVELOPMENT COMPANY LTD. through Authorized Officer Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development Government of Pakistan, Islamabad and 3 others
Decided Date: Constitution Petition No.1770 of 2022, decided on 24th March, 2023.
Summary: — Ss. 2(xxxiii), 31, 33, 54(E) & 58(2) — Grievance petition — Maintainability — Unfair labour practice — Worker — Proof — Petitioner / employer company was aggrieved of acceptance of grievance petition of respondent / employee by National Industrial ...
2023 P L C 117
Messrs CONCRETE CONCEPTS (PVT.) LTD. through Managing Director and another Versus AUTHORITY UNDER PAYMENT OF WAGES HAZARA DIVISION, AT HARIPUR and 4 others
Decided Date: Writ Petition No.1008-A of 2022, decided on 26th January, 2023.
Summary: — Ss.15 & 17 — Constitution of Pakistan, Art.199 — Constitutional petition — Alternate and efficacious remedy, absence of — Effect — Petitioner / employer was aggrieved of order passed by the Authority (appointed under S.15 of the Khyber Pakhtunkhwa ...
2023 P L C 34
FIDA ULLAH KHAN Versus PRESIDENT HABIB BANK LIMITED, HEAD OFFICE, HABIB BANK PLAZA KARACHI and 6 others
Decided Date: Writ Petition No.5341-P of 2021, decided on 5th October, 2022.
Summary: — S.33 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) — Individual grievance — Termination of employment — "Workman" — Bank Manager — Scope — Petitioner was initially appointed against the post of Branch Manag...
2023 P L C 15
MUHAMMAD IBRAHIM Versus CHAIRMAN BOARD OF TRUSTEES EMPLOYEES OLD AGE BENEFIT INSTITUTION HEAD OFFICE KARACHI and 2 others
Decided Date: Writ Petition No.567-M of 2015, decided on 24th May, 2022.
Summary: — Ss.11(1)(2), 33, 34 & 35 — Employees Old Age Benefits (Determination of Complaints, Questions and Disputes) Regulations, 1980 — Constitution of Pakistan, Art.199 — Constitutional petition — Old age benefit — Complaints — Disputed question of fact —...
2023 P L C 244
POST MASTER GENERAL CENTRAL PUNJAB and others Versus MUHAMMAD JAMEEL SHAHID
Decided Date: Appeals Nos.12(10) and 24(07) of 2022-L, decided on 13th June, 2023.
Summary: — Contempt is to disobey or disregard an order, direction or process of Court Commission/Tribunal which a person is legally bound to obey ; a willful breach of an undertaking given to a judicial forum having the authority to proceed against the conte...
2023 P L C 226
ABDUL MAJEED MIRZA Versus MUSLIM COMMERCIAL BANK
Decided Date: ----S.58---Recalling (setting aside) order of dismissal of appeal for non-prosecution of appellant---Question was that whether the restoration of a case might be decided on the pre-liminary hearing without notice to the other party---Held, that principle of natural justice that "No one should be condemned unheard" is true where it is likely that the other party may suffer irreparable loss if it is left unheard; conversely, where prima facie case and balance of convenience lies in favour of the applicant as well as no valuable right of the opposite party withers away or no injustice is done to the other party, under such circumstances the matter can be decided on the basis of available record especially where technicalities may defeat the end of justice---Considering the restoration of main appeal, the main controversy among the parties should be decided on merits in order to meet the ends of justice rather than knocking out and depriving either of the parties of its valuable rights permanently---Deciding the application of restoration of main appeal on the preliminary stage without serving notice does not harm or infringe any valuable right of the opposite party as the main appeal under which the rights and obligations of the parties can be determined, had been dismissed for non-prosecution rather than on merits.
Summary: — Ss. 33, 54 & 58 — Recalling (setting aside) order of dismissal of appeal for non-prosecution of appellant — Condonation of delay — Knowledge of dismissal of appeal — Scope — Effective hearing of the case — Scope — Record (order-sheet) revealed that...
2023 P L C 58
Syed TAHIR SHAH and others Versus PRINTING CORPORATION OF PAKISTAN
Decided Date: Case Nos.4B(194), C.M.As. Nos.24B(77) of 2016, 7(11) of 2017, Case No.4B(195) in C.M.A. No.24B(78), Case No.4B(197) in C.M.A. 24B(80), Case No.4B(198), C.M.A. No.24B(81), Case No.4B(202) in C.M.A. No.24B(84) and Case No.4B(201) in C.M.A. No.24B(83) of 2016, decided on 20th April, 2020.
Summary: — S.33 — Redressal of individual grievances — Reversion of an employee — Scope — Petitioners, who were regular employees, were promoted to next grade after approval of the competent authority but after 35 days they were reverted back to their previou...
2023 P L C 46
ZULFIQAR ALI and others Versus CAPITAL DEVELOPMENT AUTHORITY and others
Decided Date: Case No.4B(284) of 2011, decided on 14th April, 2020.
Summary: — S.33 — Redressal of individual grievances — Promotion — Scope — Petitioners assailed promotion of private respondents who were junior to them according to the seniority list — Contention of respondents was that the post of Security Supervisor was c...
2023 P L C 177
Messrs INDEPENDENT NEWSPAPERS CORPORATION (PVT.) LTD through Authorized Attorney and another Versus PROVINCE OF PUNJAB through Director General-Directorate General of Labour Welfare, Labour and Human Resource Department, Government of Punjab and 2 others
Decided Date: N/A