Law:

Section:

(a) Industrial. Relations Ordinance (XXIII of 1969)--- S. 25 A and Karachi Port Trust Act (VI of 1886), S. 23 Dismissal of employee of K. P. T. Remedy Leave to appeal Granted to consider question whether provision of S: 23 of Act prevailed over S. 25 A of Ordinance. (b) Industrial Relations Ordinance (XXIII of 1969) S. 25 A read with S. 2 (xxviii) "Worker/workman" Definition ¬Dismissed employee Whether ousted by definition clause from seeking remedy under S. 25 A Quaere. (c) Karachi Port Trust Act (VI of 1886) S. 23 and Industrial Relations Ordinance (XXVIII of 1969), S. 25 A Applicability Provisions of K. P. T. Act do not exclude applicability of S. 25 A, I. R. O. Held, remedies under two provisions are available side by side Industrial Relations Ordinance by its scope over reaches on establishment which satisfies definitions of employer, work,:, or workman and establishment Karachi Port Trust Act not special enactment qua workmen governed by it. JUDGMENT MUHAMMAD HALEEM ACTG. C. J. This appeal, by special leave, arises from the judgment of. the High Court of Sind, Karachi, dated 12th of September, 1979, by which Constitutional Petition No. S 70 of 1978 was dismissed. Leave to appeal was granted to consider the question as to whether in the face of the provision of the special enactment, namely, section 23 of the Karachi Port Trust Act, 1886, the respondent could invoke the provision of the general law, namely, section 25 A of the Industrial Relations Ordinance 1969, for seeking the relief against dismissal which was available under the first named section. In other words, the question was whether the provision of the former Act prevailed over the latter Ordinance. This question arose, for decision in the following circumstances. Admittedly the respondent was a permanent employee of the Karachi Port Trust as a licensed Engineer. As there were complaints of his being involved in disposing of Karachi Port Trust properties such as oil, paints, etc. from the launch in which he was serving a secret watch was maintained and on 10th of July, 1975, some one from his launch named Aslam was caught red handed with a can of oil being handed over to a recipient of another…

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