Law:

Section:

Keywords: Establishment, Manufacture, Orders, Assign, Provisions, Allowances, Office, Consideration, Register, Examination, Constitution, Prohibition, Cess, Restoration, Government, Payment, Labour Court, Recruitment, Liability, Petition, Executive, Fixation, Premises, Grounds, Functions, Contentions, Costs, Chief Executive, Management, Local Authority, Petitioner, Recovery, Contract, Goods, Order, Records, Federal Government, Province, Permission, Dearness Allowances, Registered, Compensation Result: Petition allowed JUDGMENT The petitioner, Karachi Dock Labour Board, is a statutory body set up under the provisions of Dock Workers (Regulation of Employment) Act, 1974 (hereinafter referred to as the Act). The object of the Act, is "to provide for regulating the employment of Dock workers, to ensure efficient performance of Dock work, expeditious and economic turn-round of ships and vessels and speedy transit of goods through the port". The said Act was passed on 1-3-1974 repealing the Dock Workers (Regulation of Employment) Ordinance, 1973. The Federal Government framed a Scheme under the Repealed Ordinance which is known as Karachi Dock Workers (Regulation of Employment) Scheme, 1973 (hereinafter referred to as the Scheme); which continues to be in force in the absence of any Scheme prepared under the Act. The Scheme applies to registered Dock Workers and Registered Employers and contains detailed provisions concerning the Constitution and the power of the petitioner, Karachi Dock Labour Board. 2. The brief facts involved in the petition are that one Amir Shah, Sarang of a Gang Dock Workers, applied to the petitioner in April 1974 for permission to engage the respondent No. 1 as a substitute for one Zaheer Shah, who was a member of his Gang and had been injured rendering him unfit to work. The respondent No. 1 was, accordingly, enlisted as a Dock Worker on 9-4-73. It is alleged that the respondent No. 1 was permitted to be registered as a Dock Worker subject to the condition that his name was liable to be removed from the Roster on the resumption of duty by Zaheer Shah. Zaheer Shah after his recovery applied for his re-instatement and the petitioner ordered…

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