Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 27(3)

(a) Industrial Relations Ordinance (XXIII of 1969)--   ---S.37(3) [as amended by Industrial Relations (Amendment) Ordinance (XLVIII of 1972), S.28]--Leave to appeal--Appeal before Labour Appellate Tribunal--Leave to appeal granted to consider whether an appeal could lie before the Labour Appellate Tribunal against the decision of Labour Court in a matter pending for decision in that Court on promulgation of Ordinance XLVIII of 1972 deleting subsection (3) of S.37 of Industrial Relations Ordinance, 1969.   (b) Industrial Relations Ordinance (XXIII of 1969)--   -S.37(3) [as amended by Industrial Relations (Amendment) Ordinance (XLVIII of 1972), S.28)--Appeal before Labour Appellate Tribunal--Effect of deletion of subsection (3) of S.37 of Industrial Relations Ordinance, 1969 by Ordinance XLVIII of 1972--No express words exist in S.28 of Ordinance XLVIII of 1972 as to whether the decision of Labour Court in a pending proceeding was appealable- -Right of appeal, nonetheless, could not be construed to have been taken away as the right of appeal accrues to an aggrieved party on the date of proceedings--Section 28 of Ordinance XLVIII of 1972 could not be construed to be retrospective either by reason of any express words or by any necessary intendment so as to defeat right of appeal of an aggrieved party under the earlier Ordinance--Provision of S.28 of Ordinance XLVIII of 1972, held, was not a contrary provision by not expressly providing a right appeal.   Colonial Sugar Refining Company, Limited v. Irving (1905) AC 369; Idrees Ahmad v. Fida Ahmad Khan P L D 1985 S C 376 and P.I.A. Corporation v. Pak Saaf Dry Cleaners P L D 1981 S C 553 ref. JUDGMENT MUHAMMAD HALEEM, C.J.--Leave was granted to consider whether an appeal could lie before the Labour Appellate Tribunal against the decision of the Labour Court in a matter pending for decision in that Court on the promulgation of the Industrial Relations (Amendment) Ordinance (XLVIII of 1972) deleting subsection (3) of section 37 of the Industrial Relations Ordinance, 1969. The circumstances giving rise to this question are as under:- The services of respondent Rashid Ahmad, a Stenographer in the West…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492