| Citation(s) |
|---|
| 1984 SLG 1846 1984 SLD 1846 1984 PLC 1359 |
Sindh High Court
Constitutional Petition No. 728 of 1980, decided on 12thApril, 1984.
NAIMUDDIN, NASIR ASLAM ZAHID AND ALLY MADAD SHAH, JJ
Constitutional Petition No. 728 of 1980, decided on 12thApril, 1984.
NAIMUDDIN, NASIR ASLAM ZAHID AND ALLY MADAD SHAH, JJ
KARACHI PIPE MILLS LTD.vsSIND LABOUR APPELLATE TRIBUNAL AND 2 OTHERS
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 34 [(as amended by Industrial Relations (Amendment) Act (XXIX of 1973)] & S.-25-A-Object of omitting word 'Workman' from provisions of S. 34 seems to be that in S. 25-A, Industrial Relations Ordinance, 1969 right has been given to workman to seek redress of his grievance in respect of any right guaranteed or secured to him by or under any law or by any award or settlement in manner provided therein. (b) Interpretation of Statutes- --Intention of Legislature - First object of Court should be to discover intention of Legislature and such intention eras to be gathered from words used in Statute or instrument itself-Rule of interpretation should be in aid to discover legislative intent behind an enactment-Where words are plain and unambiguous, intent can be best judged by giving full effect to ordinary grammatical meaning of those words. P L D 1957 S C 219 and S. A. Haroon and others v. Collector of Customs P L D 1959 S C 177 fol. (c) Industrial Relations Ordinance (XVII of 1969)- --S. 34 [(as amended by Industrial Relations Amendment Act (XXIX of 1973)]-Only Collective Bargaining Agent or employer can apply to Labour Court for enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement and not to workman. (d) Industrial Relations Ordinance (XXIII of 1969)- --Ss. 23, 23-B (2) (a) & 22 (12) (d)-Rights conferred on Collective Bargaining Agents under Ss. 23, 23-B (2) (a) & 22 (12) (d), analysed. (e) Industrial Relations Ordinance (XXIII of 1969)- - S. 34- Word "it" used in section 34, held, even by necessary implication or grammatically could not be said that word referred to "workman". (f) Industrial Relations Ordinance (XXIII of 1969)- --S. 34-Word "right"-Meaning, Mian Irshad Ali v. Government of Pakistan P L D 1975 Lah. 7 ; Mian Fazal Din v. Lahore Improvement Trust, Lahore and another P L D 1969 S C 223 ; Ballentine s Law Dictionary 3rd Edo. page 1118 ; Nickell v. Rosenfield 82 Cal. App. 369 and Piran Ditta v. Noor Muhammad P L D 1966 Kar. 618 ref. (g) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 34, 22 (12), 23, & 25-A-Sections 22 (12) & 23 do…
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