Case Details

Citation(s)
1987 SLG 1265 1987 SLD 1265 1987 PLC 605
Sindh High Court
Constitutional Petition No. 4 of 1981, decided on 8th March, 1984.
AJMAL MIAN, J

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Messrs SOUVENIR TOBACCO Co. Ltd.

VS

SIND LABOUR COURT No.2 and others

Law:

Section:

(a) Constitution of Pakistan (1973)-- ---Art.199---Constitutional jurisdiction--Objection to territorial juris­diction not raised before lower forum--Effect--No party, held, would be entitled to raise question of territorial jurisdiction for the first time, in constitutional jurisdiction if such objection was not raised before the Tribunal which had adjudicated upon and also even before appellate authority. Sind Alkalis Limited v. Presiding Officer, I V Sind Labour Court and 2 others 1983 P L C 119 and Sind Alkalis Limited v. IV Sind Labour Court, Karachi and others 1983 P L C 1220 ref. (b) Constitution of Pakistan (1973)- ---Art.199--Constitutional jurisdiction, exercise of--Constitutional juris­diction being discretionary in nature, held, could always be pressed into service in aid of justice and not to the cause of justice. (c) Constitution of Pakistan (1973)- ---Art.199--Industrial Relations Ordinance (XXIII of 1969), S.47(2)-­Constitutional jurisdiction--Objection to territorial jurisdiction of Labour Court-- Estoppel--Where petitioner establishment had itself filed application before Labour Court for seeking permission to dismiss employee from service on basis of finding of Enquiry Officer, such petitioner, held, would be estopped to object to jurisdiction of Labour Court subsequently. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Constitution of Pakistan (1973), Art 199--Dismissal from service on basis of inquiry--Charge of partiality and misconduct against Inquiry Officer in grievance petition--Inquiry Officer not produced by appellant establishment in support of his Inquiry Report and to rebut allegations of partiality and misconduct--By non-production of Inquiry Officer in evidence in support of his inquiry and in rebuttal of allegations against him, inference drawn by Labour Court and confirmed by Labour Appellate Tribunal, held, was in consonance with law--High Court declined to interfere -with just and lawful order, of lower forum in exercise of constitutional jurisdiction. Abdullah and 3 others v. Abdul Karim and others P L D 1968 SC 140 and Malik Din and another v. Muhammad Aslam P L D 1969 S C 136 ref. (e) Industrial Relations…
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