| Citation(s) |
|---|
| 1976 SLG 1091 1976 SLD 1091 1976 PLC 516 |
Sindh High Court
Constitutional Petition No. 1074 of 1974
ZAKAULLAH LODHI, J
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Constitutional Petition No. 1074 of 1974
ZAKAULLAH LODHI, J
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Sind Road Transp0rt Corporation And 2 Other
VS
Presiding Officer, Labour Court No. Vi And 2 Others
Law:
Section:
Keywords: Labour Court, Expenses, Interference, Refusal, Parties, Interpretation, Call, Order, Orders, Province, Grievance, Costs, Notice, Petitioner, Resignation, Copy, Petition, Motor Vehicles, Resignation Result: Petition dismissed JUDGMENT The petitioner No. 1 is a statutory Corporation created under the West Pakistan Motor Vehicles Ordinance and is carrying on transport services throughout the Province of Sind, while the petitioner No. 2 is an officer working in the Corporation at Hyderabad. The respondent No. 3 was employed as a Turner in the organisation of petitioner No. 1. According to the petitioner No. 1, on 20th September, 1973, the respondent No. 3 moved an application to the petitioner No. 2 for grant of advance increments to him as a special favour because he could not cope up with his expenses in the salary which he was drawing. It is further submitted that in the application there was a condition that either the increment should be allowed to the respondent No. 3 or otherwise his application should be treated as resignation and the same be accepted. This application was forwarded by the petitioner No. 2 to petitioner No. 1 for appropriate action. The petitioner No. I declined to allow the application and asked the petitioner No. 2 to accept the resignation of the respondent No. 3. The resignation was accordingly accepted vide letter dated 24th November 1973. The dues of the respondent No. 3 were also paid to him on 15th December 1973. 2. The respondent No. 3 gave a grievance notice to the petitioner No. 1 on 2nd January 1974 and on 22nd January 1974 he filed an application under section 25-A of the Industrial Relations Ordinance, 1969 before the Junior Labour Court. The Junior Labour Court accepted his application vide order dated 15th February 1974 and ordered his re-instatement in service with back benefits. An appeal was filed against the order of Junior Labour Court before the Labour Court but the same was also dismissed vide…
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