Case Details

Citation(s)
1987 SLG 1398 1987 SLD 1398 1987 PLC 860
Sindh High Court
Constitutional Petition No. 38 of 1987, decided on 17th March, 1987
SAEEDUZZAMAN SIDDIQUI, J

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GOVERNMENT OF SIND and others

VS

Messrs HOECHST (PAKISTAN) Ltd. and others

Law:

Section:

. (a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.6--Violation of Standing Order, prosecution for--Require­ment--Prosecution in case of violation of any Standing Order, held, could not commence except with previous permission in writing owe Inspector or by the Inspector himself, appointed under S.O.6 of Ordinance VI of 1968. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.2(g)--"Temporary worker" after completion of nine months' service whether entitled to appointment letter from employer--In case of temporary worker engaged in an establishment, there was, held, no requirement, that upon completion of period of nine months, employer was under obligation to issue appointment letter showing that such worker had been made permanent--Non-issuance of such appointment letter would not amount to violation of any Standing Order of Ordinance VI of 1968. (c) Constitution of Pakistan (1973)- ---Art. 199--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.6.--Constitutional petition against order passed on 9-3-1986--Constitutional petition presented in Court on 1-3-1987--Delay in presenting constitutional petition explained by petitioner in affidavit but being hardly sufficient to cover laches in Court, resulted in dismissal of . such .petition ,by High Court summarily. ORDER This petition under Article 199 of the Constitution has been filed by the petitioner challenging the order dated 9-3-1986 of 9th Sind Labour Court at Karachi, passed on a complaint made to the Court by Inspector of Factories (East Division) Karachi. The learned Labour Court took the view that the complaint made by the Inspector was not competent as he was not authorised to make the complaint regarding violation of Standing Order No.2(g)(i)(4) of the West Pakistan Standing Orders Ordinance, 1968. The learned counsel for the petitioner contends that the order of the learned Sind Labour Court holding that the complaint was incompetent is not correct as under Standing Order No.6 the petitioner No.2 was fully competent to file such a complaint. A…
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