| Citation(s) |
|---|
| 1984 SLG 1013 1984 SLD 1013 1984 PLC 89 |
Peshawar High Court
Writ Petition No 69 of 1980 decided on 2nd August 1983.
NAZIR AHMAD BHATTI AND INAYAT ELAHI KHAN, JJ
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Writ Petition No 69 of 1980 decided on 2nd August 1983.
NAZIR AHMAD BHATTI AND INAYAT ELAHI KHAN, JJ
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ZAR KHAN
VS
THE SENIOR VICEPRESIDENT, MUSLIM COMMERCIAL BANK LTD., REGIONAL OFFICE, ABBOTTABAD AND 2 OTHERS
Law:
Section:
(a) Constitution of Pakistan (1973)-- --Art. 199--Industrial Relations Ordinance (XXIII of 1969) S. 25-AGrievance Notice by employee-High Court, under Constitutional jurisdiction, held, not to reappraise evidence and set aside concurrent findings of facts of competent forums. Mir Ajab Khan v. Secretary. Food, Punjab and 2 others 1979 S C M R 425 and Ghulam Muhammad and another v. Mst. Noor Bibi and S others 1980 S C M R 933 ref. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Grievance Notice-No specific form of grievance notice' by employee prescribed-Notice to be served upon employer and not on any higher or appellate authority-Mercy petition, appeal or a petition to Labour Court cannot be treated as grievance notice-Grievance notice, held, a document independent of Mercy petition or appeal to appellate authority-Notice to be served upon appointing authority and not to authority higher than that. Muhammad Ozair Qureshi v. Chairman, National Construction Company Limited, Karachi and others 1982 P L C 17 ref. 1982 P L C 389 and 1982 P L C 920 approved. (c) Constitution of Pakistan (1973)- -- Art. 199-Constitutional petition -Petitioner can challenge findings of competent forum in constitutional jurisdiction only with regard to circumstances which were placed before said forum-Petitioner held, cannot be allowed to make out a new case or case other than one placed before competent forum-Aggrieved person is, a person who has put forth any plea before a forum and said forum fails to exercise jurisdiction with regard to that or has decided a matter without having jurisdiction to adjudicate same-Matter having not been placed before forum, held further, cannot be asserted that forum failed to exercise jurisdiction vested in it or exercised jurisdiction not ,x; vested in it. Messrs Bakhsh Textile Ltd. v. Pakistan and others 1982 S C M R 497; Obaidullah Khan v. Labour Court No. V, Karachi etc. 1981 P L C 321; Mst. Fatima and another v. Assistant Commissioner/Collector, Shujabad Sub-Division and another 1981 C L C 1755; Allah Dia v. Settlement Commissioner (Lands) and others 1982 C L C 1908; Messrs Merck Sharp and Dohme of Pakistan Limited v. Sind…
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