| Citation(s) |
|---|
| 1987 SLG 121 1987 SLD 121 1987 PLD 447 |
Supreme Court of Pakistan
Civil Appeals Nos. 294 and 295 of 1985, heard on 29-03-1987
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
Talib H. Rizvi, Advocate Supreme Court and S. All Imam Naqvi, Advocate-on-Record (absent) for Appellant (in Civil Appeals Nos. 294 and 295 of 1985). Ejaz Anwar, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for
Respondents Nos. 3 and
Civil Appeals Nos. 294 and 295 of 1985, heard on 29-03-1987
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN AND ALI HUSSAIN QAZILBASH, JJ
Talib H. Rizvi, Advocate Supreme Court and S. All Imam Naqvi, Advocate-on-Record (absent) for Appellant (in Civil Appeals Nos. 294 and 295 of 1985). Ejaz Anwar, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for
Respondents Nos. 3 and
UTILITY STORES CORPORATION OF PAKISTAN LIMITED
VS
PUNJAB LABOUR APPELLATE TRIBUNAL and others
Law: Industrial Relations Ordinance (XXIII of 1969)
Section: 25,25A
Law: Constitution of Pakistan, 1973
Section: 185(3),199,4
Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
Section: 13
(a) Industrial Relations Ordinance (XXIII of 1969)---S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 13--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider whether due importance was not given by lower Courts- to provisions of S. 25-A and its subsection (5) of Ordinance XXIII of 1969; whether Tribunals and High Court below had failed to give effect to S.O. 13 of Ordinance VI of 1968 and whether words "just" and "proper" in subsection (5) of S. 25-A of Ordinance XXIII could be so interpreted as to override law or jurisdiction exercised by Tribunals. (b) Fundamental Rules-- --- Supplementary Rules, Vol. I, R. 13--Word "lien"--Means the right of an Officer to resume, on return to duty, a substantive or active appointment from which he is relieved.--[Words and phrases]. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 13--Lien--Retrenchment on principle of "last in first out"-- Employees, promotees from Salesmen to Supervisors cannot claim on retrenchment right of reversion back to their substantive posts on principle of lien. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 14--Provision of S.O. 14 covers category from which workman retrenched--Employee promoted from .. Salesman to Supervisor-Retrenchment as Supervisor--Such employee cannot claim reversion to post of Salesman even if employer proposed to take into employment fresh Salesmen within period of one year from date of retrenchment. (e) Industrial Relations Ordinance (RRIII of 1969)-- ---S. 25(5)--Words "just" and "proper"--Interpretation--Word "just" in S. 25(5) mean "according to law" and word "proper" mean "accurate"--"Just and proper" conveys eminent sense of being in accordance with law and to be proper--Where there was no issue to be tried in regard to any violation of a right guaranteed or secured by or under any law, Labour Tribunals cannot assume jurisdiction and pass an order which in its opinion be "just and proper" and give relief on that basis--Such a decision would be without lawful…
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