| Citation(s) |
|---|
| 1983 SLG 2023 1983 SLD 2023 1983 PLC 1229 |
Sindh High Court
Constitutional Petition No. S-50 of 1980, decided on 30th March, 1983.
SALEEM AKHTAR, J
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Constitutional Petition No. S-50 of 1980, decided on 30th March, 1983.
SALEEM AKHTAR, J
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D ILKUSHA ENTERPRISES LTD.
VS
PRESIDING OFFICER, FOURTH SIND LABOUR COURT AND 2, OTHERS
Law:
Section:
(a) Constitution of Pakistan (1973)---- ----Art: 199, Industrial Relations Ordinance (XXIII of 1969), S. 25-AObjection as to validity of orders of Labour Court against petitioner raised in petition which was dismissed-Same objection, held, cannot be raised in Constitutional petition and it should be presumed that all contentions raised in petition challenging said orders were not agreed-Rule that where an order is illegal and void it is duty of Court to give effect to law And no notice should be taken of such order, held further, not applicable to facts and circumstances of case. P L D 1965 S C 650 ; PLD1964 SC97 and P L D 1966 Kar. 597 ref. P L D 1966 Kar. 31 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51-Benefit conferred to employee being capable of computation in terms of money-Labour Court empowered to determine such benefits in terms of money and then pass order for recovery under subsection (1) of S. 51-Re-instatement of employees with back benefits and continuation in service but employee failing to re-instate them-Labour Court, held, entitled to compute such benefit in terms of money in lieu of salary which employees would have earned during period of employment-Contention that Labour Court empowered only to compute benefits in terms of money up to date of order of decision under which benefit conferred, held further, devoid of force. (c) Industrial Relations Ordinance (XXIII of 1969)---- ---- Ss. 25-A & 51-Benefit conferred on worker under decision of Court-Employer's plea that workman employed for 4/3 months and that Court should have deducted amount earned by him during employment from amount awarded-Not supported by sufficient evidence nor an attempt made by employer nor any such question asked from employee in cross-examination-No record on basis of which Labour Court could determine amount so earned available, order of Labour Court awarding amount, held, cannot be challenged on this ground. (d) Constitution of Pakistan (1973)---- ----Art. 199-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 51-Constitutional jurisdiction - Benefit to workers-Question whether payment made or not, a disputed question of…
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