Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 35

(a) Industrial Relations Ordinance (XXIII of 1969)-----S. 35--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.11-A--Powees and functions of Labour Court--Such powers and functions, held, included adjudication and determination of industrial dispute--Exercise and performance of such other powers and functions as were or might be conferred upon or assigned to it by Ordinance XXIII of 1969 or any other law--Labour Court had jurisdiction to entertain application for closure of establishment.(b) Maxim-------"Ubi jus ibi remedium"--Meaning and scope--Statutory right-�Application of maxim--Whenever common law gives right or prohibits injury, it also gives remedy--Maxim, held, would be applicable in respect of statutory right.South British Insurance Employees' Union v. The Sind Labour Court No. IV and others and South British Insurance Employees' Union v. The Sind Labour Court No. IV and others 1975 S C M R 49 ref.(c) Maxim----- "Lex semper dabit remedium"--Meaning and scope--If man has a right, he must have a means to vindicate and maintain it--Such person must have remedy if he is inured in exercise and enjoyment of his right--Existence of right without remedy, held, was vain thing to imagine--Want of right and want of remedy were reciprocal.3 Blac. Comm. 123; Ashby v. White 2 Raym. L D 938 at p. 953; Dixon v. Harrison, Vaugh. 37 at p. 47; North v. Coe, Vaugh 251 at p. 253; Winsmore v. Greenbank, Will, 577, at p. 581 and See Broom's Legal Maxims, 10th Edn. 118 ref.(d) Provisional Constitution Order (1 of 1981)-----Art. 9--Constitutional jurisdiction, exercise of--Labour Court exercising jurisdiction validly for closure of establishment, held, would not entitle High Court to interfere in constitutional jurisdiction.Muhammad Shibli for Petitioner.Noor Muhammad for Respondent No. 2.Date of hearing: 28th October, 1985.JUDGMENT This constitutional petition under Article 9 of the Provisional Constitution Order, 1981, calls in question the cruder, dated 12-9-1985, passed by the Presiding Officer, Second Sind Labour Court, Karachi. 2. The facts briefly stated, are that respondent No. 2 filed an application under…