Procedure and requirement

2019 PLC 263 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.25-AGrievance petitionRemand of caseProcedure and requirements

Labour Court after recording evidence disposed of grievance petition with the direction to the employee to move fresh petition before the new management and Management and Labour Appellate Tribunal were directed to consider the case of petitioner on humanitarian basis

Labour Appellate Tribunal remanded the case with the direction to the Labour Court to pass fresh order but employee was reinstated till final decision of grievance petition

Validity

Labour Court made reference to the evidence but decision was not made on complete consideration of evidence

Labour Court was to decide the grievance petition on merits

If employee had succeeded in proving his termination to be illegal then he should have been reinstated and if explanation of management was just and fair then grievance petition could be declined

Case was not to be remanded by the Tribunal simply for decision afresh

Labour Appellate Tribunal was itself competent to decide the appeal on merits

Remand of the case was only to be made if judgments of the forums below were reversed

Frequent remand of the cases was disapproved

High Court observed that parties in the present case had led evidence

If any omission in the order of Labour Court to consider entire evidence was on record then Labour Appellate Tribunal should have examined the same

Labour Appellate Tribunal should have decided the appeal on merits rather than sending it to the Labour Court

Labour Appellate Court had committed error while remanding the case to the Labour Court

Even Labour Appellate Tribunal was not denuded of its jurisdiction to record evidence if same was required for proper administration of justice or effective decision of the case

Remand of case was not permissible for decision afresh by the forum below in presence of evidence on record sufficient to decide the controversy

Even Labour Appellate Tribunal had granted the claim of reinstatement made by the employee in the present case without declaring the termination to be illegal

Order for reinstatement could not be passed without final determination either by the Labour Court or Labour Appellate Tribunal

Labour Appellate Tribunal had acted without lawful authority and in an illegal manner in issuing a self-contradictory order

Impugned order passed by the Labour Appellate Tribunal was set aside

Appeal was to be deemed to be pending before the Labour Appellate Tribunal, to be decided after considering evidence on record

Constitutional petition was allowed, in circumstances.

2015 CLC 1315 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

O. III, R. 4ScopeAppointment of pleaderProcedure and requirement

Order III, R. 4, CPC is elaborate enough to deal with all possible situations but basic requirement of appointment of pleader shall always be the same

Appointment of pleader shall be in writing and duly signed by person who appoints the pleader and this instrument must be before the court

No pleader or advocate can act in court of law unless duly appointed by an instrument in writing.