| Citation(s) |
|---|
| 1985 SLG 3784 = 1985 SLD 3784 = 1985 PLJ 40 |
Sindh High Court
Petition No. 421 of 1977, decided on 13-10-1983.
Presented By: AJMAL MIAN & SVED HAIDER An, JJ
Mr. M. Mansoorul Arfin, Advocate for Petitioner. Mr. M. Salcem Akhtar Shamsi, Advocate for
Respondents. Date of bearing : 13-10-1983.
Petition No. 421 of 1977, decided on 13-10-1983.
Presented By: AJMAL MIAN & SVED HAIDER An, JJ
Mr. M. Mansoorul Arfin, Advocate for Petitioner. Mr. M. Salcem Akhtar Shamsi, Advocate for
Respondents. Date of bearing : 13-10-1983.
NATIONAL BANK OF PAKISTAN, I.I, Chundrigar Building, Karachi—Petitioner
VERSUS
.   Qazi KHAN MUHAMMAD and two Others—Respondents Const. Petition No. 421 of 1977, decided on 13-10-1983.
Law: Constitution of Pakistan, 1973
Section: 199,25-A, 36,38
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section:
(i) Constitution of Pakistan, 1973— Art. 199 read with Industrial Relations Ordinance (XX11I of 1969)—Ss. 25-A, 36 & 38—Limitation—Question of — Finding on—Inter­ference with—Both courts of competent jurisdiction finding appli­cation having been filed within limitation — Held : Question of limitation being mixed question of fact and law, such finding not to be said to be in excess of (jurisdiction) or suffering from want of jurisdiction—Held further : View finding favour with two courts even if erroneous, no interference to be made in writ jurisdiction of High Court. [P. 41]A & B (ii) Constitution of Pakistan, 1973— ------ Art. 199 read with Industrial Relations Ordinance (XX11I of1969)—Ss. 25-A, 36 & 38—Courts of competent jurisdiction—Con­current findings of—Interference with — Labour Court as well as Labour Appellate Tribunal competently adjudicating upon ques­tion of entitlement of increment—Concurrent finding of two courts also in accordance with evidence on record — Held : View found favour with two courts not to be illegal or contrary to rules. [P. 45]> (iii) Industrial Relations Ordinance (XXIII of 1969)— ——Ss. 25-A, 36 & 38—Labour courts - Grant of relief by-Held : Labour Court or Labour Appellate Tribunal not to grant somethingnot guaranteed or secured under any law, award or settlement for time being in force in terms of sub-section (1) of S. 25-A of Ordinance. [P. 45] (Iv) Industrial Relations Ordinance (XX11I of 1969) - ----- -Ss. 25-A, 36 & 38—Promotion—Claim of—Mala fides of employer—Proof of—Alleged non-granting of promotion not proved to be actuated for mala fide reason—Even no particulars as to act consti­tuting mala fide disclosed, in application or In evidence—Held : Relief of promotion .not to be competently granted. [P. 46](7 (?) Promotion— -—Claim of—Held : Promotion not to be claimed as matter…