Case Details

Citation(s)
1975 SLG 992 1975 SLD 992 1975 PLC 546
Sindh High Court
Constitution Petition No. 1258 of 1974, 3rd March, 1975
KHUDA BAKHSH MARRI, J

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Syed Mahmood Hussain

VS

Sind Labour Court No. 4. Karachi And Another

Law:

Section:

Keywords: Petitioner, Exception, Illegal, Set Aside, Delegatus Non Potest Delegare, Presentation, Grievance, Copy, Provisions, Nomination, Compliance, Impugned Order, Labour Court, Consideration, Trade Union, Proceedings, Necessity, Delivery, Violation, Jurisdiction, Leave, Appellate Tribunal, Associations, Qualifications, Remedy, Office, Interpretation, Nomination Papers, Exclusion, Orders, Conditions, Presumption, Management, Interpretation Of Statutes, Procedure, Notice, Recognition, Dispute, Prima Facie, Invalid, Appearance, Qualification, Order, Resignation, Language, Right Conferred, Parties, Constitution, Costs, Registered, Validity, Petition, Consent Result: Appeal No. KAR-440 of 1973 JUDGMENT This petition under \ Article 199 of Constitution of Islamic Republic of Pakistan, £1973 Sis directed against the Orders of respondent No. I "Sind Labour Court No. 1V'\ Karachi, dated 30th of August 1974 (Annexure J) whereby while accepting the appeal, and setting aside the order of the Court below he has held that grievance notice dated 17-2-1973 given by the petitioner through an Advocate was not maintainable in view of the subsection (1) of section 25-A of Industrial Relations Ordinance, 1969 and that the subsection does not empower an agent or an Advocate of the workman to give a statutory notice and that the workman could approach the junior Labour Court after giving the proper notice and following the procedure laid down in section 25-A of I R O , 1969 only. 2. The facts briefly are that : Syed Mahmood Hussain the petitioner workman is a retrenched employee of respondent No. 2 Messrs Pakistan Tobacco Co. Ltd. (hereinafter called the employer). According to settlement between the parties dated 17-11-1971 contained stipulations that in event of any vacancy for a job accruing at the factory the retrenched workers were eligible to fill the vacancy and preference was to be given to them against new recruits. 3. The employee (petitioner), however, came to know in months of January-February 1973 that two vacancies of peons are lying vacant in the Accounts Department and another in the Engineering Department. As such he sent grievance notice to the…
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