Case Details

Citation(s)
1987 SLG 1391 1987 SLD 1391 1987 PLC 846
Sindh High Court
Constitutional Petitions Nos. S-90, 91 and 92 of 1985, decided on 31st May, 1987.
MAMOON KAZI, J

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TRUSTEES OF THE PORT OF KARACHI

VS

MUHAMMAD KARIM and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Legislative history of S.25-A, Industrial Relations Ordinance, traced and illustrated. (b) Industrial Relations Ordinance (XXIII of 1969)-- --Ss.2 (XXVIII) & 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.12-­'Workman', definition of--Scope of S.25-A, Industrial Relations Ordinance to grant relief to workmen against employer--Extent of relief--Effect of deletion of subsection (6) from S.25-A--"Workman", held, would include within its ambit only such persons who were employed in an industry for hire or reward, barring those who for purposes of any proceedings under Industrial Relations Ordinance, in relation to industrial dispute have been dismissed, discharged, retrenched, laid off or otherwise removed from employment in connection with or in consequence of such dispute--Section 25-A(4) providing that where application was brought before Labour Court would be disposed of as if same related to industrial dispute, would, however, relate to powers and procedure of Labour Court and same could neither enlarge definition of 'workman' as given in Ordinance XXIII of 1969 nor convert such application into industrial dispute--After deletion of subsection (6) from S.25-A, Industrial Relations Ordinance, only such persons could approach Labour Court in respect of their removal, dismissal etc. from service who fell within ambit of definition of "workman" in Ordinance VI of 1968--Where however, by virtue of any law, provisions of Ordinance VI of 1968, did not apply to an employee, application filed by him before Labour Court would be incompetent. P.L. Mayakar and another v. Amichand Narayan and others AIR 1956 Bom. 30; Pakistan Railways v. Junior. Labour Court No.5 and others 1979 P L C 320; Messrs Johnson & Johnson (Pakistan) Ltd. v. Zubair Ahmad 1980 P L C 622; Abdus Salam Khan v. Pakistan Railways 1984 P L C 572; N.B.P. etc. v. P.L.A.I. etc. N L R 1985 Labour 62; Laka Khan v. Punjab Road Transport Board 1984 P L C 56; Jamil Ahmed and another v. Punjab Road Transport Board, Multan 1984 P L C 420 ref. (c) Karachi Port Trust Act (VI of 1886)--…
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