Case Details

Citation(s)
2013 SLG 1797 2013 SLD 1797 2013 PLC 282
Sindh High Court
Criminal Miscellaneous Application No.193 of 2012, decision dated: 10-12-2012
IRFAN SAADAT KHAN, J

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KARACHI CHAMBER OF COMMERCE AND INDUSTRY through Secretary General and 5 others

VS

MUHAMMAD FAROOQ KHAN GHORI and 2 others

Law:

Section:

(a) General Clauses Act (X of 1897)--- ----S. 24A---Industrial Relations Act (IV of 2008), Ss.65, 73 & 74---Exercise of power by authority under enactments---Scope---Admission of complaint by Labour Court without recording reasons in such regard---Legality---Complaint filed before Labour Court against accused persons (applicants) was admitted, registered and summons were issued to accused persons---Although Judge of Labour Court examined complainant on oath but failed to give detailed reasons in such regard as to how he satisfied himself that complaint was maintainable---Judge of Labour Court in a very casual and cursory manner came to the conclusion that prima facie case was made out against accused persons without giving any detailed reasons for reaching such a conclusion, which rendered the impugned order a nullity in eyes of law---Impugned order of Labour Court was set-aside with directions to Judge of Labour Court to pass an order de novo after giving detailed reasons so as to satisfy himself whether prima facie case was made out or not and whether case was liable to be admitted or registered---Application was disposed of accordingly. Mian Ghayassuddin and others v. Mst. Hidayatun Nisa and others 2011 SCMR 803; Miraj Khan v. Gul Ahmed and others 2000 SCMR 122; Mian Munir Ahmed v. The State 1985 SCMR 257; Independent Newspapers Corporation (Pvt.) Ltd. through Manager and 2 others v. Daily Jang and Press Workers' Union (CBA) through General Secretary 2006 PLC 173; Pakistan Tobacco Co. Ltd., Chittagong v. The Chairman Second Labour Court of East Pakistan and 18 others 1972 PLC 190; Workers' Union C.B.A. (Regd.), Shakarganj Mills, Jhang v. Shakarganj Mills Limited 1990 PLC 686; Messrs Jabees (Pvt.) Limited v. Presiding Officer and another SBLR 2007 Sindh 1817; Sardar Khan and others v. Punjab Road Transport Board, Multan 1978 PLC 264 and Qassim Shah and 4 others v. The State PLD 1991 SC 893 ref. Roshan Ali v. Amir Bux and another PLD 2002 Kar. 115; Ahmed v. The State 2004 PCr.LJ 304 and Mollah Ejahar Ali v. Government of East Pakistan PLD 1970 SC 173 rel. (b) General Clauses Act (X of 1897)--- ----S. 24A---Exercise of power by authority under…
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