| Citation(s) |
|---|
| 1985 SLG 1846 1985 SLD 1846 1985 PLC 429 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-586 of 1983, heard on 15th October, 1984.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. KAR-586 of 1983, heard on 15th October, 1984.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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FAZAL KARIM
VS
Messrs RAUS TEXTILE AND PRINTING MILLS LTD.
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)---- ---Ss. 25-A, 36(2) & 38(3)--Civil Procedure Code (V of 1908), 0. VII, r.11--Rejection of plaint--Application of Civil Procedure Code, 1908 in matters relating to Industrial Relations Ordinance, 1969 confined to procedural matters--O.VII, r.11 of Civil Procedure Code, 1908 requires plaint to be seen and found out if there was no cause of action--Statement of respondent not contemplated--Workman stating in girevance petition that he was gate-stopped and verbally told to take his dues and need not come thereafter--Statement of respondent (employer) before Labour Court that petitioner was still in service and an enquiry was pending against him--Labour Court relying upon statement of respondent rejecting petition under O.VII, r.11 of Civil Procedure Code, 1908--Labour Court, in circumstances, held, erred in relying on statement of respondent which is not contemplated under O.VII, r. 11--Petition, held, contained enough cause of action so far as O. VII, r. 11 was concerned--Order of Labour Court, in circumstances, set aside by Appellate Tribunal and case remanded for adjudication on merits. 1973 P L C 111 ref. 1973 P L C 111 and 1974 P L C 225 ref. De'Cruz for Appellant. Riaz Hussain Baloch for Respondent. Date of hearing: 15th October, 1984. ORDER This is an appeal challenging the impugned order, dated 24-9-1983, passed by the Ilnd Labour Court, Karachi. The learned Labour Court rejected the grievance application of the appellant under Order VII, rule 11 of the C.P.C. 2. The learned counsel Mr. De'Cruz, Advocate, for the appellant and Mr. Riaz Hussain Baloch, Advocate, for the respondent were both heard. The contentions of Mr. De'Cruz are precisely that the learned Lower Court has misconstrued the Order VII, rule 11 of the C.P.C, and the C.P.C. is applicable in the Industrial Relations Ordinance, 1969, only so far the procedure is concerned. He has relied upon the authorities, firstly, 1973 P L C 111 and secondly, 1974 P L C 225. However, the judgment of their Lordships Tufail Ali A. Rehman and Fakhruddin G. Ibrahim, reported in 1973 P L C 111 observes as under: ---- "I am, therefore, of the view that subsection…
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