Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

Keywords: Chairman, Transfer Of Cases, Without Jurisdiction, Remedy, Grievance, High Court, Delay, Petitioner, Trading, Recovery, Jurisdiction, Contentions, Grounds, Alternate Remedy, Petition, Proceedings, Evidence, Interpretation, Costs, Pending Proceedings, Locus Standi, Time-Barred, Provisions, Invalid, Constitution Of Pakistan, Counter Affidavit, Order, Federal Government, Claims, Manager, Illegal, Proprietor, Issuance, Commencement, Relief, Appellate Tribunal, Notice, Leave, Government, Constitutional Petition, Office, Discretionary Relief, Labour Court, Disposed Of, Constitution, Notification, Efficacious Remedy Result: Order accordingly JUDGMENT Z. A. CHANNA, J. These two Constitutional petitions, which are directed against the proceedings taken by the Junior Labour Court, Karachi, under section 25-A of the Industrial Relations Ordinance, 1969, after the promulgation of the Labour Laws (Amendment) Ordinance, 1975 (hereinafter referred to for the sake of brevity as the Principal Ordinance and the Amending Ordinance respectively), and the U/O letter addressed to Secretary, Govern ment of Sind, Labour and Transport Department, dated 8-1-1976, in regard to pending proceedings before the Junior Labour Courts, have been heard together, as they raise a common point, namely the interpretation of the provisions of the Amending Ordinance, and are being disposed of by this judgment. 2. In Constitutional Petition No. 8/76, the petitioner is the manager of a proprietorship firm, with the name of Messrs Sattar Trading Company. This firm is stated to have been closed with effect from 29-3-1975. It is alleged to this petition that despite the fact that respondent No. 3, Muhammad Yaseen son of Allah Rakha was never an employee of the petitioner's firm, he filed an application in Junior Labour Court No. IV at Karachi under section 25-A of the principal Ordinance, claiming re-instatement in service and also seeking recovery of past dues from 1971, when he was allegedly working for the petitioner -s firm in East Pakistan (Bangladesh). During the pendency of the proceeding before the Junior Labour Court, the Amending Ordinance was promulgated on 23-12-1975, introducing…

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