Case Details

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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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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