Case Details

Citation(s)
1984 SLG 1140 1984 SLD 1140 1984 PLC 395
Sindh High Court
Constitutional Petition No. D-400 of 1983, decided on 26th Septem­ber, 1983.
AJMAL MIAN AND HAIDER ALI PIRZADA, JJ

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DAILY HILALEPAKISTAN

VS

SIND LABOUR APPELLATE TRIBUNAL AND OTHERS

Law:

Section:

Newspaper Employees (Conditions of Service) Act (V of 1973)--- ---Ss. 2 (d), 17 & 18-Jurisdiction of Labour Court in redressing grievance of newspaper employees-Employee (journalist) falling within definition of S. 2 (d)-Within purview of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Entitled to enforcement of his right under said Ordinance by virtue of S. 17-Exclusion of Industrial Relations Ordinance, 1969 by virtue of S. 18, held, does not exclude application of provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Orders of Labour Court and Labour Appellate Tribunal setting aside order of dismissal of such newspaper employee awarding re-instatement with back benefits- Upheld by High Court and interference refused in constitutional jurisdiction-Provisional Constitution Order (1 of 1981), Art. 9. Ainuddin Khan for Petitioners. M.L. Shahani for Respondents. Date of hearing: 26th September, 1983, JUDGMENT AJMAL MIAN, J.----This petition is directed against the orders, dated 29th November, 1982 and 12th November, 1983 passed by the learned Vth Sind Labour Court and the learned Sind Labour Appellate Tribunal at Karachi, respectively in Application No. 6/1981 and Appeal No. KAR-615 of 1982, respectively. The brief facts leading to the filing of the above petition are that respondent No. 3 was employed as a Sub­ Editor in the year 1973. He was promoted as a Senior Sub-Editor w.e.f. 1st February, 1976 in Grade-II in terms of the Second Wage Commission Award and thereafter w.e.f. 1st July, 1979 he was allowed to work as a Manager. After that w.e.f. 16th January, 1980 he was promoted as an Officer-on-Special Duty in Grade-I. It seems that respondent No. 3's services were dispensed with by an order, dated 30th September, 1980. Respondent No. 3 being aggrieved by the above order filed aforesaid Application No. 6/1981 before the learned Vth Sind Labour Court at Karachi, which was allowed by the aforesaid order, dated 28th November 1982 and respondent No. .3 was ordered to be re-instated with full back benefits. The petitioner being aggrieved by the above order filed aforesaid Appeal…
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