Case Details

Citation(s)
1986 SLG 2477 1986 SLD 2477 1986 PLC 1158
Sindh High Court
Constitutional Petition No. D-1009 of 1982, decided on 24th April, 1986.
ABDUL QADEER CHAUDHRY AND HAIDER ALI PIRZADA, JJ

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Mrs. AQILA RAFIQUE

VS

THE PAKISTAN SECURITY PRINTING CORPORATION LTD., KARACHI and 3 others

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15(3)(b)--Act subversive of discipline, connotation of--To constitute act subversive of discipline, held, it was not necessary that same should be riotous or disorderly--Category of acts which could constitute, misconduct, were riotous or disorderly behaviour during working hours of establishment or any act subversive of discipline. P.I.A.C. v. Junior Labour Court IV, Karachi P L D 1978 SC 239; Muhammad Anwar Bhatti v. Pak. American Fertilizers Ltd. 1964 CLC 41; Abdul Ghani v. M.P.O. WAPDA, Lahore and others 1969 PLC 48 and Gharo Textile Mills Ltd. v. Muhammad Sultan 1980 PLC 999 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S.O. 15(3)(b)--Interpretation of statutes--Word 'or' appearing between words 'riotous or disorderly behaviour during working hours at the establishment' and words 'any act subversive of discipline, held, was to be read disjunctively--Only qualification being that words any act subversive' would be construed ejusdem generis with words preceding to it. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 15(3)(h)--Words "at the establishment", connotation of--Words "at the establishment", held, would refer not to place where act which was riotous or disorderly behaviour or subversive of discipline was committed but where consequence of such act would manifest itself. (d) Pakistan Essential Services (Maintenance) Act (LIII of 1952)-- ---S. 6(1)--Wages and other conditions of service, regulation of--Federal Government, held, could make rules regulating or empowering specified authority to regulate wages and other conditions of service of persons or of any class of persons engaged in any employment or class of employment governed by Act LIII of 1952. K.E.S.C. Ltd. v. N.I.R.C. P L D 1982 S C 113; Pakistan Burma Shell Ltd. v. Central Labour Commissioner and others P L D 1982 Kar. 33 and General Manager, Heavy Mechanical Company, Textile v. Bashir Malik, Member, N. I. R. C. 1980 P L C 196 ref. (e) Pakistan Essential Services…
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