Case Details

Citation(s)
1987 SLG 1392 1987 SLD 1392 1987 PLC 873
Sindh High Court
Constitutional Petition No. D-410 of 1987, decided on 14th May, 19137.
MUHAMMAD ZAHOORUL HAQ AND ABDUL RAZZAK THAHIM, JJ

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ASRAR AHMED SAIFIE

VS

COUNTRY MANAGER, PAKISTAN SAUDI AIRLINES and another

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.8--Power of Government under S.8 of Ordinance VI of 1968 to exempt an establishment from provisions of said Ordinance is of a plenary nature. (b) Constitution of Pakistan (1973)- --Art.199--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.8--Constitutional petition--Termination of services--Petitioner's service terminated by establishment while was exempted by Notification under S.8 of the Ordinance by Government--Petitioner having a remedy from any civil Court in form of suit for compensation or damages--Grievance of petitioner that notification of exemption deprived him of his right to obtain relief from Labour Court not justified--No fundamental right for seeking relief from Labour Court itself existed--Petition not maintainable in circumstances. ORDER MUHAMMAD ZAHOORUL HAQ, J.--The petitioner has challenged the notification issued by the Government of Sind on 26th October, 1986 exempting Saudi Arabian Airlines, Karachi from all the provisions, except section 6 of the W.P. Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. This notification was issued under section 8 of the said Ordinance which reads as under:- "Section 8. Government may, subject to such conditions as it thinks fit to impose by notification in official Gazette, exempt any industrial or commercial establishment or class of such establishments from all or any of the provisions of this Ordinance." The comments of M. Shaft on this provision, contained on page 999 of Labour Code of Pakistan, are that the Provincial Government has unlimited powers of making exemption…
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