| Citation(s) |
|---|
| 2019 SLG 1827 2019 SLD 1827 2019 PLC 1039 |
Supreme Court of Pakistan
Civil Appeal No. 651 of 2012, decision & hearing Dated: 09-04-2019. (On appeal against order Dated 29-5-2012 passed by the Islamabad High Court, Islamabad in I.C.A. No. 257-W of 2012).
GULZAR AHMED, JUSTICE QAZI FAEZ ISA, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: M. Habib Ullah Khan, Advocate Supreme Court and Nazir Ahmed Bhutta, Advocate Supreme Court
Respondent(s) by: Ex-parte No.1 Qausain Faisal Mufti, Advocate Supreme Court No.2.
Civil Appeal No. 651 of 2012, decision & hearing Dated: 09-04-2019. (On appeal against order Dated 29-5-2012 passed by the Islamabad High Court, Islamabad in I.C.A. No. 257-W of 2012).
GULZAR AHMED, JUSTICE QAZI FAEZ ISA, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: M. Habib Ullah Khan, Advocate Supreme Court and Nazir Ahmed Bhutta, Advocate Supreme Court
Respondent(s) by: Ex-parte No.1 Qausain Faisal Mufti, Advocate Supreme Court No.2.
SYED IMTIAZ ALI
VS
CHAIRMAN, IMPLEMENTATION TRIBUNAL FOR NEWSPAPER EMPLOYEES (ITNE), ISLAMABAD AND OTHERS
Law: Newspaper Employees (Conditions of Service) Act, 1973
Section: 11,12A,13
Law: Industrial Relations Act, 2012
Section: 52(2)
Law: Partnership Act, 1932
Section: 4
Law: Industrial Relations Ordinance (XXIII of 1969)
Section: 51(2)
(a) Newspaper Employees (Conditions of Service) Act (LVIII of 1973)--- ----Ss. 11, 12-A & 13---Industrial Relations Ordinance (XXIII of 1969), S. 51(2)---Industrial Relations Act (X of 2012), S. 52(2)---Claim of a newspaper employee---Wage Board award---Implementation Tribunal, jurisdiction of---Scope and purpose---Essential aim of constituting the Implementation Tribunal was to provide a forum for redressal of the grievances of newspaper employees regarding the payment of the wages fixed by the Wage Board---In doing so effectively, the legislature had, in its wisdom, vested the Implementation Tribunal with the authority to enforce its directions upon the newspaper establishments---Adjudicatory power of a Labour Court provided under S. 51(2) of the Industrial Relations Ordinance, 1969 and presently under S. 52(2) of the Industrial Relations Act, 2012, was not expanded to the Implementation Tribunal under the deeming provisions of S. 13 of the Newspaper Employees (Conditions of Service) Act, 1973 ('the Act')---Intention of the legislature was thus clear that apart from the trial of the offences stipulated under S. 13 of the Act, and the implementation of the Wage Board Award under S. 11, no other pecuniary claim of a newspaper employee came within the jurisdictional sphere of the Implementation Tribunal constituted under S. 12-A of the Act. Matri Publication's case 2001 PLC 662 and All Pakistan Newspapers Society's case PLD 2012 SC 1 ref. (b) Partnership Act (IX of 1932)--- ----S. 4---Nature of partnership, determination of---Dominant test---Control and dependency test---Scope---Terms of the agreement stipulated that the parties agreed to set-up a weekly journal; that the terms of the Agreement were for a period of five years; that the profits of the weekly journal, after deduction of the actual expenses of running the venture, would be distributed amongst the parties, and the appellant was to receive 80% of the profits, while the respondent was to receive 20% of the same; that the appellant would invest in setting up the venture, and retain its ownership, while the respondent shall assume responsibilities as its Editor and be paid a sum of Rs. 40,000 per…
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