Case Details

Citation(s)
1976 SLG 1088 1976 SLD 1088 1976 PLC 436
Sindh High Court
Constitutional Petition No. 386 of 1974, 27th January, 1976
ABDUL HAQEE KURESHI AND MAHMUD, JJ

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Messrs Hirjina Salt & Chemicals (Pak.) Ltd., Kakachi

VS

Khuda Dino And 2 Others

Law:

Section:

Keywords: Evidence, Parties, Jurisdiction, Registered Office, Limited Company, Appellate Tribunal, Resignation, Proceedings, Dispute, Remand Of Case, Consideration, Interim Order, FO, Res Judicata, Orders, Remand, Appealable, Commercial Employment, Determination, Binding, Order, Petition, Petitioner, Copy, Relief, Non-Compliance, Remand Order, Coram Non Judice, Payment, Enforcement, Compliance, Payment Of Wages, Chairman, Without Jurisdiction, Bonus, Language, Contentions, Provisions, Costs, Existing Rights, Appellate Tribunal, Office, Division, Registered, Disclose, Labour Court, Appearance Result: Petition allowed JUDGMENT ABDUL HAYEE KURESHI, J. On the conclusion of the hearing of this case on 27-1-1976, we had by a short order allowed this petition with costs in favour of the petitioner and I now proceed to record my reasons for the said order. 2. The facts leading to the present petition are that respondent Khuda Dino (hereinafter for the sake of brevity referred to as the workman). Was employed by the petitioners M/s Hirjina Salt & Chemicals (Pak.) Ltd. a private limited Company having its registered Office at Karachi. The petitioner is for the sake of brevity referred to herein as the employer. Some the in 1969 the services of the workman were terminated by the employer so that he made an application before the then existing Second West Pakis tan Industrial Court, Karachi. This application was registered as No. 77/69 and alleged non-compliance with the provisions of Standing Order 18 in the Schedule to the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. This Standing Order at present stands repealed and re-enacted as section 25-A in the Industrial Relations Ordinance, 1969. The Second West Pakistan Industrial Court allowed the application of the workman and ordered his re-instatement with all back benefits and the said order dated 27-4-1970 has been produced as Annexure -C - to the petition. It is then the case of the employer that on 1-7-1970 a settlement was arrived at between the employer and the workman whereby the workman received a sum of Rs. 7,028 from the employer by Cheque No. 02618 drawn by the employer…
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