| Citation(s) |
|---|
| 1987 SLG 1692 1987 SLD 1692 1987 SCMR 980 |
Supreme Court of Pakistan
Civil Appeal No.34-K of 1974, decided on 25th August,1986. (On appeal from the and order of the High Courtof Sind and Baluchistan, Karachi, dated 31st October, 1972and Judgment dated 14th January, 1974, in Misc. AppealNo.161 of 1966). Dates of he
SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Muhammad Ali Sayeed, Senior Advocate Supreme Court and A.A. Dastgir, Advocate- on-Record for Appellant. Ali Amjad, Advocate Supreme Court and Ahmadullah Farooqi, Advocate-on-Record for
Respondent No.1.
Civil Appeal No.34-K of 1974, decided on 25th August,1986. (On appeal from the and order of the High Courtof Sind and Baluchistan, Karachi, dated 31st October, 1972and Judgment dated 14th January, 1974, in Misc. AppealNo.161 of 1966). Dates of he
SHAFIUR RAHMAN AND ZAFFAR HUSSAIN MIRZA, JJ
Muhammad Ali Sayeed, Senior Advocate Supreme Court and A.A. Dastgir, Advocate- on-Record for Appellant. Ali Amjad, Advocate Supreme Court and Ahmadullah Farooqi, Advocate-on-Record for
Respondent No.1.
NATIONAL MOTORS LTD.--Appellant
VS
THE WORKMEN represented by the Ghandara Industries Employees' Union through its General Secretary--Respondent
Law:
Section:
(a) Industrial Disputes Ordinance (LVI of 1959)-- ---S. 12 (5)--Industrial Disputes (Conciliation and Adjudication) Order, 1965, para. S--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine, inter alia, whether appeal filed in High Court under S. 12 (5) of Industrial Disputes Ordinance, 1959, was not barred under para. 8 of Industrial Disputes (Conciliation and Adjudication) Order, 1965. (b) Industrial Disputes Ordinance (LVI of 1959)-- ---S. 12(5)--Industrial Disputes (Conciliation and Adjudication) Order, 1959, paras.3 (3), 7 & 8-- Defence of Pakistan Rules, 1965, R. 132-Government of West Pakistan, Labour Department Notification No. Lab. (I) WI.12/65, dated 13-6-1966, C1. (b)--Rescission of Order of 1965 by Notification of 13-6-1966--Saving C1. (b) of the rescission Notification providing that notwithstanding repeal of the order of 1959 any conciliation reports received by Government under para.3 (3) of the said Order and pending consideration shall be dealt with in accordance with the provisions thereof--Proceedings which were to continue, to be governed by the provisions of the said order included not only the matters pending with the Conciliation Officer but by necessary implication the references which had been made to the Industrial Court under the provisions of the Order--Notwithstanding the rescission of the Order, as the Defence of Pakistan Rules (under which the Order was made) itself continued beyond the date of rescission, it could not be said that Cl. (b) of rescission Notification having certain proceedings overstepped the limits of the parent law itself--Such a saving clause, held, could continue to govern the proceedings till at least as long as Defence of Pakistan Rules continued to have their legal efficacy and force--Interpretation of statutes. (c) Interpretation of statutes-- ---Appeal--Principles governing appeals stated. Colonial Sugar Refining Co. Ltd. 1905 A C 369 and Bindra Interpretation of Statutes, (d) Industrial Disputes Ordinance (LVI of 1959)- ---S. 12(5)--Industrial Disputes (Conciliation and Adjudication) Order, 1965, paras. 7 & 8--Appeal, competency of--Para. 8 of Order of 1965 conferred finality…
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