| Citation(s) |
|---|
| 2011 SLG 1543 2011 SLD 1543 2011 PLC 40 |
Sindh High Court
High Court Appeal No.138 and C.M.A. No.761 of 2009, decision dated: 29-09-2010.
MUHAMMAD ATHAR SAEED AND MUNIB AKHTAR, JJ
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High Court Appeal No.138 and C.M.A. No.761 of 2009, decision dated: 29-09-2010.
MUHAMMAD ATHAR SAEED AND MUNIB AKHTAR, JJ
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[Sindh High Court] ABDUL SATTAR
VS
Messrs S.G.S. PAKISTAN (PVT.) LTD. through Managing Director and another ABDUL SATTAR vs Messrs S.G.S. PAKISTAN (PVT.) LTD. through Managing Director and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--------Ss. 25-A, 38(3)(a) & 47(2)---Constitution of Pakistan, Art.199---Law Reforms Ordinance (XII of 1972), S.3(2)---Dismissal from service on basis of permission granted to employer by Labour Court---Dismissal of constitutional petition filed against such permission---Intra-Court appeal---Maintainability---Employee's plea that such permission granted under S.47(2) of Industrial Relations Ordinance, 1969 was not an order, 'thus, remedy of revision under S.38(3)(a) thereof was not available to him---Validity---Decision under S.47(2) of Industrial Relations Ordinance, 1969 would fall within term "proceedings", thus, S.38(3)(a) thereof would be attracted to such decision whereagainst remedy of revision would be available to an aggrieved party---After implementation of such decision, remedy of filing grievance petition available to employee had already been exercised---High Court dismissed Intra-court appeal for not being maintainable in circumstances. Pearl Continental Hotel v. Muhammad Yaseen reported in 2006 PLC 269; SBLR 2006 SC 111; Civil Appeal No.365 of 1993; Smith Kline and French of Pakistan Ltd v. A. Rashid Pai and another reported in 1987 PLC 400 and Muhammad Akram and another v. Second Sindh Labour Court reported in 1987 SCMR 31 ref. M.A.K. Azmati for Appellant. Ch. Muhammad Ahsraf Khan for Respondent. Saifullah, A.A.-G., Sindh. ORDER MUHAMMAD ATHAR SAEED J.- This appeal has been filed against the judgment of the learned single Judge, dated 6-3-2009 in C.P. No.S-24 of 2003 whereby the learned Single Judge had dismissed the Constitutional Petition filed by the present appellant against the permission granted by the learned Labour Court to the respondents, who were the employer of the appellant, under section 47(2), to dismiss the present appellant from service. 2. We have heard Mr. M.A.K. Azmati, learned counsel for the appellant, Mr. Ch. Muhammad Ashraf Khan, learned counsel for the respondents and Mr. Saifullah, learned A.A.-G. Sindh. 3. At the very outset of the case the learned counsel for the respondents challenged the maintainability of the appeal as according to him the appeal was not…
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