Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A (4) & 49(3)-Grievance petition-Presentation before Labour Court can be presented by either (1) worker himself, (2) Shop Steward, (3) Collective Bargaining Agent-Petition presented by counsel-Presence of petitioner at time of presentation of petition before Labour Court not proved-Objection raised by respondent during pendency of petition that having been presented by counsel same was not competent and not maintainable---Argument that S. 49(3) bars legal practitioners from appearing in an industrial dispute and not otherwise and definition of "industrial dispute" in S. 2(xiii) does not cover individual cases under S. 25-A-Section 49, held, relates to cases already pending and permission is possible only when dispute is already in Court whereas petition under S. 25-A cannot be presented by a counsel and further S. 25-A gives form of industrial dispute to every individual case because same is to be adjudicated as if such matter were an industrial dispute---­Argument further that (1) case was going on without any objection by Court and in the silence of respondent, therefore, it should be presumed that permission was duly granted by the Court and (2) objection being merely of technical nature it can be overlooked to meet ends of justice - Plea rejected - Held: Objection touches indirectly jurisdiction of Labour Court hence can be raised at any stage of proceedings and law being so no estopple can be held and neither silence of respondent nor of Labour Court can rectify such defect and the scheme of law applicable to Labour Court as well as to parties is biased against legal practitioners the point being of deep policy and not of mere technical nature is to be complied in letter and spirit -Objection upheld and petition dismissed. Gulistan v. Pakistan Railways 1981 P L C 760 ; Sabir Ali v. Dandot Cement Company Ltd. and another 1984 P L C 931 ; Syed Muhammad Hussain v. Messrs Pakistan Tobacco Company Ltd. and another P L D 1980 S C 80 ; P L D 1961 S C 57 ; Rashid Ahmad v. State P L D 1972 S C 271 ; Mansab Ali v. Amir and 3 others P L D 1971 S C 124 and Settlement and Rehabilitation Commissioner,…

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