Law:

Section:

Industrial Relations Ordinance, 2002 (XCI of 2002)-- ----S. 46(2)--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Imposition of major penalty of compulsory retirement--Challenge to--Grievance petition was filed after seven years delay--Grievance to notice of employer in writing--Communication of decision--Validity--If an employer fails to communicate his decision within period specified or if a worker is dis-satisfied with such decision worker may take matter to labour Court but he shall do so within a period of two months from date of communication of decision by employer or as case may be from expiry of period specified in Section 46(2) of Industrial Relations Ordinance. [P. 57] A Jurisdiction of Labour Court-- ----It is an undeniable fact that jurisdiction of Labour Court/Tribunal created under special statute is dependent upon nature of claim, person who files claim, time during which it has been filed and manner in which such claim has to be filed--All jurisdictional facts and assessment of these facts determines jurisdiction of labour Court as well as Labour Appellate Tribunal--Jurisdiction can be exercised by Labour Court/Tribunal when all jurisdictional facts exist together. [P. 57] B Industrial Relations Ordinance, 2002 (XCI of 2002)-- ----Scope of--Result of defective--Jurisdiction--Labour Court or Labour Appellate Tribunal are under an obligation to act within scope of Industrial Relations Ordinance, 2002 and cannot exercise jurisdiction as Civil Court; as soon as Labour Court or Labour Appellate Tribunal steps out of four corners of a special law order/ passed would be result of defective or excessive exercise of jurisdiction. [Pp. 57 & 58] C Constitution of Pakistan, 1973-- ----Art. 199--Industrial Relations Ordinance, (XCI of 2002), S. 46--Constitutional petition--Violation of law--Imposition of major penalty of compulsory retirement--Court under Art. 199 of Constitution would always rectify illegality and violation of law and undo harm caused by Tribunal--Order passed by Labour Appellate Tribunal is patently in violation of express provisions of law i.e. Section 46 of Industrial Relations Ordinance, 2002. [P. 58] D…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492