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2023 P L C 163
PRESIENT, THE BANK OF PUNJAB and 2 others Versus AUTHORITY UNDER PAYMENT OF WAGES ACT, VEHARI and another
Decided Date: N/A
2023 P L C 76
ALL WORKMEN EMPLOYED BY DANDOT CEMENT COMPANY (PVT.) LTD. Versus Messrs DANDOT CEMENT COMPANY (PVT.) LTD. and others
Decided Date: N/A
2023 P L C 22
MUHAMMAD IRSHAD and 19 others Versus FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION (NIRC) ISLAMABAD BENCH, LAHORE and 7 others
Decided Date: N/A
2023 P L C 238
Messrs MATCO FOODS LTD. and others Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistanis and Human Resource Development and 2 others
Decided Date: Constitutional Petition No. 7347 of 2022 (and connected petitions), decided on 22nd February, 2023.
Summary: — S. 2(p) — Wages — Scope — Petitioners' (establishments as defined in S. 2(e) of the Employees' Old-Age Benefits Act, 1976) assailed the demand raised by Employees' Old-Age Benefits Institution while keeping in consideration a notification issued un...
2023 P L C 186
Messrs TELENOR MICROFINANCE BANK LIMITED through authorized representative Versus PROVINCE OF SINDH, through Secretary Labour and Human Resource Department and 3 others
Decided Date: C.P. No.D-6712 of 2020, decided on 7th October, 2021.
Summary: — Ss. 1(3), 22, 23 & 70 — Constitution of Pakistan, Art. 199 — Constitutional petition — Registration of workers — Scope — Petitioner / establishment sought direction to respondents/Sindh Employees Social Security Institution (SESSI) to issue registr...
2023 P L C 169
Messrs TNB LIBERTY POWER LTD. Versus REGISTRAR OF TRADE UNIONS and others
Decided Date: C.P. No.S-1005 of 2015, decided on 13th March, 2017.
Summary: — Ss.2(ix), 2(xxxii) & 26 — Trans-provincial establishment — Election schedule of workers union — Petitioner/corporate entity challenged the act of respondent/Registrar of Trade Unions ("Registrar") as to give programme of the Election Schedule, i.e....
2023 P L C 155
Messrs J.S. BANK LIMITED through Attorney Versus PROVINCE OF SINDH through Secretary, Labour and Employment, Karachi
Decided Date: Constitution Petition No.S-398 and M.A. No.1021 of 2021, decided on 18th April, 2022.
Summary: — Ss. 2(1)(b), 2(1)(d), 2(1)(i), 3 & 15 — Industrial Relations Act (X of 2012), S. 33 — Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims — Redress of individual grievances — Jurisd...
2023 P L C 125
Messrs FAUJI FERTILIZER COMPANY LIMITED through Authorized Person Versus Syed JAWED ALI SHAH and 2 others
Decided Date: C.P. No.D-521 of 2021, decided on 11th November, 2022.
Summary: — S. 12 (2) — Constitution of Pakistan, Art. 199 — Reinstatement in service — Constitutional petition — Fraud, misrepresentation and lack of jurisdiction — Proof — Petitioner company aggrieved of reinstatement of respondents / employees in service by...
2023 P L C 110
ZAFAR AHMED Versus ASSOCIATES PRESS OF PAKISTAN through Director General and 2 others
Decided Date: Suit No.614 of 2003, decided on 22nd August, 2022.
Summary: — S.2 (h) — Suit for recovery of wages, gratuity and damages — Special and general damages — Principle — Plaintiff was employee of Associated Press of Pakistan who sought recovery of his service dues after his retirement — Contention of plaintiff wa...
2023 P L C 95
NESTLE PAKISTAN LTD. through Plant Manager Versus FULL BENCH OF NATIONAL INDUSTRIAL RELATION COMMISSION and 2 others
Decided Date: Constitution Petition No.D-4469 and C.M.A. No.19530 of 2019, decided on 11th October, 2022.
Summary: — S.33 — Redress of individual grievances — Removal from service — Submission of bogus medical claim — Quantum of punishment — Scope — Respondent was removed from service on the allegation of submission of bogus medical claims — Grievance petition fi...
2023 P L C 62
IFTIKHAR AHMED Versus Messrs ZEAL PAK CEMENT FACTORY LIMITED through Factory Manager and 2 others
Decided Date: Constitutional Petition No.S-134 of 2014, decided on 14th September, 2020.
Summary: — Art.199 — Constitutional petition — Delay in payment of service benefits — Scope — Main grievance of the petitioner was delay in payment of his service dues due to lethargic attitude of the respondent-factory for that he had suffered more than ten ...
2023 P L C 49
HYDERABAD DEVELOPMENT AUTHORITY through Executive Legal Officer Versus PROVINCE OF SINDH through Chief Secretary and 2 others
Decided Date: Constitutional Petition No.D-7684 of 2019 (and others connected petitions) decided on 26th August, 2022.
Summary: — Art.199 — Regularization of service — Constitutional petition — Maintainability — Concurrent findings of facts by two forums below — Petitioner / Authority was aggrieved of orders passed by Labour Court and Labour Appellate Tribunal in favour of re...
2023 P L C 41
MUHAMMAD WARIS and others Versus FEDERATION OF PAKISTAN through Secretary Human Resources and others
Decided Date: Constitutional Petitions Nos.D-3026 of 2015, D-5644 to D-5653, D-6385 to 6389 of 2016, D-434 to D-440, D-442, D-443, D-528 to D537 of 2017, decided on 16th November, 2020.
Summary: — S.22 — Old-age pension — Scope — Petitioners, who were paid full service benefits under the Voluntary Separation Scheme (VSS), claimed pensionary benefits under the Employees' Old-Age Benefits Act, 1976 — Validity — Prime object of the Employees' O...
2023 P L C 248
IMTIAZ ALAM Versus The NEWS, ISLAMABAD
Decided Date: Case No.IT/P/3042/22/C, decided on 29th August, 2023.
Summary: — Ss. 13 & 4 — Implementation Tribunal for Newspaper Employees (Procedure and Function) Rules, 1977, R. 17 — Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002), Preamble — Pakistan Electronic Media Regulatory Authority (Amendment...
2023 P L C 233
DILNAWAZ ABBASI Versus DAILY JEHAN PAKISTAN, ISLAMABAD
Decided Date: ----R. 17---Newspaper Employees (Conditions of Service) Act (LVIII of 1973), S. 13---Civil Procedure Code (V of 1908), O.V, O. IX, R. 13 & O.XXI, R.30---Application to set-aside ex-parte order/judgment---Proceedings before the Implementation Tribunal for Newspaper Employees---Applicability of the Civil Procedure Code, 1908---Scope---On petition filed by a newspaper employee, Implementation Tribunal for Newspaper Employees ('Tribunal') passed ex-parte order/judgment against the respondent (management/ establishment of the newspaper)---Respondent (management/establishment of the newspaper) moved application to set-aside ex-parte order/judgment contending that notices were not served through alternate means/substitute service---Contention of the petitioner (newspaper employee ) was that the Civil Procedure Code, 1908, was not strict sensu applicable in the proceedings before the Tribunal---Validity---Although notices, were issued at addresses given by the petitioner (newspaper employee), however, there was nothing on record showing that the respondent (management/establishment of the newspaper) was served notice(s) thorough alternate means/ substitute service---Rule 17 of the Implementation Tribunal for Newspaper Employees (Procedure and Function) Rules, 1977, stipulated that the procedure prescribed under the Civil Procedure Code, 1908, with regard to civil suits, might be followed as far as the same could be made applicable in the proceedings before the Tribunal---In number of (previous) cases, the Tribunal had already invoked provisions of O. XXI, R. 30 of the Civil Procedure Code, 1908, for implementation of judgments passed by it (the Tribunal)---Justice should not be denied on the basis of technicalities rather a lis should be decided on merits---Tribunal set aside ex-parte order/ judgment having been passed in favour of the newspaper employee and against the management/establishment of the newspaper---Application was allowed subject to payment of costs, in circumstances.
Summary: 1986 CLC 1853 and PLD 2003 SC 625 ref.
2023 P L C 206
PEARL CONTINENTAL HOTELS NATIONAL LABOUR UNION through President Versus NATIONAL INDUSTRIAL RELATIONS COMMISSION through Chairman and 4 others
Decided Date: Writ Petition No.706 of 2022, decided on 12th September, 2022.
Summary: — Ss.53 & 58 — Constitution of Pakistan, Art. 199 — Constitutional petition — Industrial dispute — Alternate and efficacious remedy — Petitioner / employer company was aggrieved of order passed by Member National Industrial Relation Commission as Aut...
2023 P L C 101
Messrs BESTWAY CEMENT LTD. and others Versus FULL BENCH OF NATIONAL INDUSTRIAL RELATIONS COMMISSION and others
Decided Date: Writ Petitions Nos.4277, 4269, 4274, 4275 of 2021 and 5 to 9 of 2022, decided on 10th October, 2022.
Summary: — Ss.33 & 54(h)(i) — Civil Procedure Code (V of 1908), O.XIII, Rr. 4, 5, 6 & 7 — Constitution of Pakistan, Art.199 — Constitutional petition — National Industrial Relation Commission — Jurisdiction — Trans-provincial establishment — Documentary evide...
2023 P L C 30
HUKAM DAD Versus ISLAMABAD ELECTRIC SUPPLY COMPANY through Chief Executive and 4 others
Decided Date: Writ Petition No.4117 of 2021, decided on 20th December, 2021.
Summary: — R.5 — Industrial Relations Act (X of 2012), S.33 — Constitution of Pakistan, Art.199 — Non-statutory corporation — Constitutional petition — Maintainability — Correction of date of birth — Scope — Petitioner challenged dismissal of his grievance pe...
2023 P L C 5
UNITED BANK LIMITED through President Versus FULL BENCH NATIONAL INDUSTRIAL RELATIONS COMMISSION, ISLAMABAD and another
Decided Date: Writ Petition No.2370 of 2020, decided on 21st October, 2022.
Summary: — S.33 — Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) — Grievance petition — Termination from service — Workman, determination of — Scope — Question before High Court was whether the respondent as an Officer G...