Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--   ---S.1(4) S.O.15--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider whether there was a conflict between proviso to S.1(4) of Ordinance and C1. (5) of S.O.12, and whether proviso to S.1(4) had to prevail over any provisions to the contrary in Standing Orders, because Standing Orders had been framed under Ordinance VI of 1968 and were subject to terms and conditions of said Ordinance--Appeal was found to have been fully covered by two s of Supreme Court reported as PLD 1981 S C 39 and PLD 1980 S C 283, which supported appellant--Held: Proviso qualified generality of main enactment by providing an exception and taking out from main enactment a portion, which, but for proviso, would fall within main enactment--Proviso, hence, to be given full effect and in consequence S.O.15 being expressly excluded could not be pressed into service irrespective of consideration of termination of service being for misconduct--Extent and application of S.O.15, being controlled by S.1 of West Pakistan Ordinance VI of 1968, in view of proviso to S.1(4), said Standing Order, held, was not applicable to the establishment with 49 or less workers--Judgment of tribunals below impugned in appeal, holding otherwise, set aside in circumstances.   Al-Hassan Silk Mills Ltd. v. The Presiding Officer, Sind Labour Court and another P L D 1981 S C 39 and M/s. N.J. Silk Industries v. Presiding Officer IVth, Sind Labour Court P L D 1980 S C 283 rel. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against Judgment dated 7-10-1978 of the Lahore High Court; whereby appellants Constitutional Petition arising out of a labour dispute matter, was dismissed. 2 The facts, law and reasons for granting leave to appeal are as follows: - The appellant owns an Industrial establishment which employs less than 49 workmen. It dismissed the third respondent on 14-11-1974, and according to Mr.Sheikh, this was after serving him a show-cause notice, but according to this respondent to whom we will refer in this order as the respondent, he had…

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