Case Details

Citation(s)
1988 SLG 1211 1988 SLD 1211 1988 PLC 609
Labour Appellate Tribunal, Punjab
Petition No. 76-P/86, decided on 17th November, 1986.
MALIK ABDUL MAJID TIWANA, PRESIDING OFFICER

MUHAMMAD MUKHTAR KHANvsSARGROH VEGETABLE GHEE

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Mala fides--Actions immune from challenge, held, become challengeable if they are taken in bad faith or with mala fide intention. (b) Natural justice, principles of-- --- Acts done or actions taken in violation of principles of natural justice become challengeable in Courts including Labour Courts which are more Courts of equity than ordinary civil Courts--Good faith and principles of natural justice stand impliedly incorporated in every action, particularly an adverse action to be taken against any person either on basis of statutory provisions of law or otherwise--Principle that every wrong has a remedy also comes into play--These principles have in due course of time been enunciated and applied by law Courts and roughly fall in a category of 'judge made law' or 'case law' as distinct from 'enacted law'--Word 'law' as used in S.25-A of Industrial Relations Ordinance is to be interpreted in wider sense so as to include 'judge made law'. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Grievance notice--Limitation--Where a worker serves more than one grievance notices on his employer in any form, first notice so served, held, would give start to limitation for purpose of S.25-A of Industrial Relations Ordinance, 1969--Such principle however was not applicable where employer by its own default and mala fide act deferred commencement of limitation. 1978 P L C 350; 1983 P L C 701; 1983 P L C 458; 1986 P L C 234 and 1981 P L C 293 ref. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Estoppel--Reimbursement of medical charges--Receipt of part payment of bill, held, would not amount to estoppel from making demand for payment to -remaining amount of bills. 1976 P L C 901 rel. (e) Industrial Relations Ordinance (XXIII of 1969)-- ---5. 25-A--Grievance petition--Reimbursement of medical charges Jurisdiction of Labour Court--Respondent management withholding mala fide sanction of lawful claim regarding medical bills of worker--Labour Court, held, had jurisdiction to entertain grievance petition in respect thereof- 1983 P L C 1173; 1986 P L C 403; 1986 P L C 644 and P L D 1964 S…
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