| Citation(s) |
|---|
| 1990 SLD 474 = 1990 CLC 666 |
Sindh High Court
Constitutional Petition No.407 of 1988, decided on 23rd September, 1989.
Presented By:Before Imam Ali G. Kazi and Saeeduzzaman Siddiqi, JJ
Naimur Rehman for Petitioner. Muhammad Shafiq Oureshi for
Respondent No.2.
Constitutional Petition No.407 of 1988, decided on 23rd September, 1989.
Presented By:Before Imam Ali G. Kazi and Saeeduzzaman Siddiqi, JJ
Naimur Rehman for Petitioner. Muhammad Shafiq Oureshi for
Respondent No.2.
EXPORT PROCESSING ZONES AUTHORITY, KARACHI---Petitioner
VERSUS
SINDH LABOUR APPELLATE TRIBUNAL, KARACHI and another---Respondents
Law: Export Processing Zones Authority Ordinance, 1980
Section: 25
Export Processing Zones Authority Ordinance (IV of 1980)--- ---S. 25---Exemption from the operation of laws---Mode of---Federal Government can by a notification published in the official Gazette, grant exemption to "any Zone" from the operation of laws which fall within the legislative competence of the Parliament---Exemption in such a case is, therefore, granted in respect of "any Zone" and not to any concern and industrial undertaking or any person or class of persons---Zone is constituted of such area which the Federal Government by notification in the official Gazette may declare to be a zone for the purposes of the Ordinance---Exemption from the operation of Federal Laws as notified by the Federal Government under S.25 extends to every one without any distinction within the notified area. Export Processing Zones Authority Ordinance (IV of 1980)--- ---S. 25---Industrial Relations Ordinance (XXIII of 1969), S.25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Preamble---Constitution of Pakistan (1973), Art.199---Exemption from the operation of Federal Laws---Effect of exemption, on the employees of undertakings which stand exempted under provisions of S.25 of Ordinance IV of 1980---Exemption from the laws having been granted by the Government, provisions of Industrial Relations Ordinance and those of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 are not applicable to those undertakings covered by such exemption---Employee's application for grievance under the provisions of such exempted law was thus not maintainable---High Court in its Constitutional jurisdiction set aside the order of Labour Appellate Tribunal in reinstating the employee of the establishment, and declared the order of reinstatement as without lawful authority and of no legal effect. Naimur Rehman for Petitioner. Muhammad Shafiq Oureshi for Respondent No.2. Date of hearing: 20th September, 1989. JUDGMENT IMAM ALI G. KAZI, J.--The Export Processing Zones Authority, Karachi by office order bearing No. Estt-5-013,…