| Citation(s) |
|---|
| 1975 SLG 3015 = 1975 SLD 3015 = 1975 SCMR 49 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K-108 of 1974, decided on 16th September 1974. (On appeal from the judgment and order of the High Court of Sind & Baluchistan made on the 24th of April 1974, in Petition No. 55 of 1974).Civil Petition for Special Leave to Appeal No. K-108 of 1974, decided on 16th September 1974. (On appeal from the judgment and order of the High Court of Sind & Baluchistan made on the 24th of April 1974, in Petition No. 55 of 1974).
Presented By: Hamoodur Rahman, C. J. and Anwarul Haq, J
Nasim A. Farooqi, Advocate instructed by V. A. Kidwal, Advocate-on- Record for Petitioner. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No. K-108 of 1974, decided on 16th September 1974. (On appeal from the judgment and order of the High Court of Sind & Baluchistan made on the 24th of April 1974, in Petition No. 55 of 1974).Civil Petition for Special Leave to Appeal No. K-108 of 1974, decided on 16th September 1974. (On appeal from the judgment and order of the High Court of Sind & Baluchistan made on the 24th of April 1974, in Petition No. 55 of 1974).
Presented By: Hamoodur Rahman, C. J. and Anwarul Haq, J
Nasim A. Farooqi, Advocate instructed by V. A. Kidwal, Advocate-on- Record for Petitioner. Nemo for
Respondents.
SOUTH BRITISH INSURANCE EMPLOYEES UNION --Petitioner
VERSUS
THE SIND LABOUR COURT No. 4 AND OTHERS---Respondents SOUTH BRITISH INSURANCE EMPLOYEES UNION --Petitioner Versus THE SIND LABOUR COURT No. 4 AND OTHERS---Respondents
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 35(3)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: West Pakistan Commercial and Employment (Standing Orders) Ordinance, 1968
Section: O. 11-A
(a) Industrial Relations Ordinance (XXIII of 1969) S. 35(3)-Presiding Officer of Labour Court-Qualification-Person proposed to be appointed as Presiding Officer of Labour Court--- Need not have actually worked as District Judge or Additional District Judge for any length of time-Civil Judge promoted to officiate as Additional District Judge-Fulfils required qualification. (b) Constitution of Pakistan (1973) Art. 185(3)-Special leave to appeal-Point not taken before High Court-Could not be allowed to be urged in special leave to appeal proceedings. (c) Went Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. O. 11-A-Closure of establishment --Standing Order 11-A-Does not spell out any sequence of various steps to be taken in closure of establishment-Application to Labour Court for permission to close down-Need not be first step in process-Labour Court's permission-Could well be as last step in process. The Standing Order 11-A does not stipulate that the application to the Labour Court for permission to close down should be the first step in the process. All that it prescribes is that no employer shall close down the whole of its establishment without prior permission of the Labour Court in this behalf. Thus the Labour Court's permission might indeed be the last step in the process of closing down, or an application in this behalf may be made by the employer simultaneously with any other step that he may have to take to wind up his business and close down his establishment. The Standing Order does not appear to spell out any sequence in which the various steps for closing down an establishment have to be taken by an employer. Date of hearing : 16th September 1974. ANWARUL HAQ, J.---Feeling aggrieved by an order made by the Sind Labour…