Case Details

Citation(s)
2015 SLG 2805 2015 SLD 2805 2015 PLJ 70
Labour Appellate Tribunal, Quetta
Labour Appeal No. 40 of 2013, decided on 20.3.2014
ABDUL GHIAS NOUSHERWANI, MEMBER

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MOULA DAD---Appellant

VS

GENERAL MANAGER (MARKETING) N.Q. INDUSTRIES LTD., Karachi and another--Respondents

Law:

Section:

Contract Act, 1872 (IX of 1872)-- ----S. 28--Civil Procedure Code, (V of 1908), O. VII, R. 10--Balochistan Industrial Relations Act, 2010--S. 54--Appointment as territory manager--Agreement in restraint of legal proceeding void--No legal proceedings will be entertained outside--Territorial jurisdiction of Court--Suit between principle and agent--Validity--It is settled principle of law that in suit based on breach of contract a part of cause of action arises at place where contract is entered into--Where terms of contract were to be carried out, in other words were according to facts stated in agreement cause of action was to be deemed to arise cannot be held to be illegal--Wherein a contract entered into between two parties cause of action partly arises in one place and partly in contract that in case of any dispute arising out of contract it shall be litigated only wherein jurisdiction of one particular Court and here Courts in both places have jurisdiction such an agreement is valid one and enforceable under law and parties are bound by it--If cause of action arises at principal office as well as at subordinate office and parties enter into an agreement and by consent conform jurisdiction on particular Court in order to avoid unnecessary raising of objection to jurisdiction--Same will not be either against public policy or violation of Section of 28 of Contract Act--Such objection is also not sustainable for reason that according to designation appellant/applicant did not make a case with regard to worker/workman--Further, firstly he was appointed as territory manager and secondly, promoted as area manager which itself shows that appellant/applicant having a status of managing/supervisory cadre--Even otherwise by nature of his work as a sales agent prima facie does not fall within category of worker/workman. Judgment 1. This appeal is directed against the order/judgment dated 27/11/2013 passed by Learned District & Sessions Judge Presiding Officer Labour Court 1st Balochistan Quetta in Case No. 29/2013 whereby application filed by respondents was accepted and application under Section 41 of BIRA 2010 has been returned under Order VII Rule 10 CPC with the…
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