Case Details

Citation(s)
1983 SLG 2016 1983 SLD 2016 1983 PLC 1214
Sindh High Court
Civil Miscellaneous Appeal No. S-329 of 1978 in Constitutional Petition No. 905 of 1975, on 15th; decided March, 1982.
AJMAL MIAN AND FAKHARUDDIN H. SHAIKH, JJ

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ATA-UR-RAHIM

VS

SIND LABOUR COURT No. V AND OTHERS

Law:

Section:

Constitution of Pakistan (1973)---- ----Art. 199 read with Industrial Relations Ordinance (XXIII Of 1969), S. 25-A2-Grievance notice upon employer-Limitation-­Labour Court dismissing grievance petition on ground that grievance notice was not served within prescribed period-View of Labour Court that time for grievance notice was 2 months-High Court accepting constitutional petition against order of Labour Court hold­ing that prescribed period for grievance notice was 3 months and that grievance notice being within prescribed period petition was maintainable and as such petition remanded to Labour Court for decision afresh-Order of High Court challenged before Division Bench on ground that Single Judge had not taken into considera­tion effects of application. of Pakistan Essential Services (Mainte­nance) Act, 1952 and . of subsection (6) of S. 25-A of Industrial Relations Ordinance - Question of effect of Pakistan Essential Services (Maintenance) Act, 1952 not urged before Single Judge-­Re-opening of case on such ground refused-No error, held, appear­ing apparent on face of of Single Judge, hence review petition dismissed. Hamid Siddiqui for Petitioner. Farooq H. Naik for Respondent No. 3. ORDER AJMAL MIAN, J.-This is Review Petition of the judgment, dated 29th April, 1978 passed by Abdul Hafeez Memon, J. (as he then was). In support of the above review petition it has been urged by Mr. Farooq H. Naik learned counsel for respondent No. 3 that the learned Single Judge erred in not taking into consideration subsection (6) of S. 25-A of the I. R. O. which was very much…
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