| Citation(s) |
|---|
| 1984 SLG 1055 1984 SLD 1055 1984 PLC 151 |
Sindh High Court
Constitutional Petition No. 391 of 1981, decided on 11th April, 1983.
SAJJAD ALI SHAH AND ALI NAWAZ BUDHANI, JJ
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Constitutional Petition No. 391 of 1981, decided on 11th April, 1983.
SAJJAD ALI SHAH AND ALI NAWAZ BUDHANI, JJ
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HABIB BANK LTD.
VS
IQBAL MUJEEB AND ANOTHBR
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)- Ss. 25-A &37 and Constitution of Pakistan (1973), Art, 199Constitutional jurisdiction - Order of Labour Appellate Tribunal accepting appeal and remanding case to Labour Court challenged by way of constitutional petition before High Court-Meanwhile Labour Court passing final order on remanded case-Order of Labour Court not appealed against before Appellate Tribunal-Alternate statutory remedy of appeal before Appellate Tribunal being available constitutional petition pending before High Court, in circum. stances, held, not maintainable-Request of petitioner for condonation of limitation for filing appeal before Appellate Tribunal accepted by High Court allowing petitioner to file appeal within two weeks from date of order of High Court. Security Papers v. Sind Labour Court and another 1981 P L C 898; M/s. Ghafoor Textile Mills v. Fazal Imam and others P L D 1981 Kar. 534: Jalaluddin and others v. Noor Sain and others P L D 1982 S C 234 and Golden Industries Ltd. v. Province of Sind and 2 others P L D 1983 Kar. 76 rel. A. A. Zarl for Petitioner, Nisar H. Zaidf for Respondents. Date of hearing: 5th April, 1983. JUDGMENT SAIIAD ALI SHAH, J.-----These Constitutional Petitions are filed against the impugned order dated 21st February, 1981 passed by the Sind Labour Appellate Tribunal in two appeals filed by Iqbal Mujeeb and Jamshed Farooque who are now respondents before us in these petitions. In the impugned order there is a direction to the Sind Labour Court to entertain and proceed with grievance petitions filed under section 25-A of I. R. O. as no res judicata operateed as contemplated under section 11 of Civil Procedure Code for the reason that previously with the consent of the parties appeal filed before the Appellate Tribunal was withdrawn as there was a departmental appeal available which was pursued and was finally dismissed by the President of Habib Bank (now petitioner before us). 2. The relevant facts shortly stated are that lqbal Mujeeb and Jamshed Farooque are employees of Habib Bank and on the charge of misconduct an inquiry was held against them in which the charge was proved and ultimately they…
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