Case Details

Citation(s)
1987 SLG 1342 1987 SLD 1342 1987 PLC 764
Labour Appellate Tribunal, Sindh
Application No. 79 of 1985, decided on 31st March, 1987.
QAISAR AHMAD HAMIDI, PRESIDING OFFICER

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S. DILDAR ALI

VS

UNITED BANK Ltd.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 35--Jurisdiction of Labour Court--Workers employed in Nationalised Banks and Financial Institutions--Redress of such employee's individual grievances guaranteed under any law, held, within jurisdiction of Labour Court and their application under S.25-A was maintainable. 1984 P L C 493; 1984 P L C 864; 1983 P L C 468 and 1984 P L C 276 fol. (b) Industrial dispute-­ ---"Jurisdiction"--Meanings. Jurisdiction consists in taking cognizance of a case involving the determination of some jural relation in ascertaining the essential points of it and in pronouncing upon them. In other words, it means the legal authority to administer justice according to the means which the law has provided and subject to the limitations imposed by the law upon the judicial authority. The power and jurisdiction of a Labour Court to decide a particular matter is to be derived from the law itself, but where the provisions of law are not clear, recourse will have to be made to the precedents which enunciate rules of law forming the foundation of administration of justice under one system. (c) Industrial dispute-- --- Precedents--Rule for. The normal rule as to the precedents is, that subordinate courts are bound in the absence of any decision,, of the Supreme Court, to follow the decision of the High Court to which they are subordinate. Where, however, there is a conflict between two decisions of the High Court, the rule to be adopted is as follows:- "Where the conflict is between the of a Single Judge and a Bench or between Bench and a larger Bench, the decision of the Bench or the larger Bench, as the case may be will have to be followed. But where the conflict is between two decisions both pronounced by a Bench consisting of the same number of Judges and the subordinate Court after a careful examination of the decisions came to the conclusion that both of them directly apply to the case before it, it will then be at liberty to follow that decision which seems to it more correct-, whether such decision to be later or the earlier one." M.L. Shahani for Applicant (in Application No. 2 of 1985). Masood Ahmad Khan for…
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