Case Details

Citation(s)
1989 SLG 1396 1989 SLD 1396 1989 PLC 546
Labour Appellate Tribunal, Sindh
Applications Nos. Hyd.-417 and 418 of 1989, decided on 20th February, 1989.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Ali Amjad for Applicants. Mahmood A. Ghani for
Respondents.

EMPLOYEESUNION

VS

ZEAL PAK CEMENT FACTORY LIMITED

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 26, 30 & 40--Charter of demands--Settlement reached between parties on Charter of demands raised by Union as well as management--Differences existing on each one of demands constituting a separate dispute--All disputes, held, would be joined in one Charter of demands or one proceeding before Labour Court in order to avoid multiplicity of proceedings. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 26, 30, 40 & 38(3-a)--Demand raised by parties not produced before Tribunal--Disputes related to mixed question of fact and law or question of fact-­Question of fact could be decided by Trial Court only after parties led evidence-­Held, it would be premature and unwarranted procedure for Tribunal to adjudicate and decide question of fact in revision proceedings under S. 38(3-a), Industrial Relations Ordinance, 1969. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 36--Stay of proceedings--Principles to be taken into consideration by Labour Court while granting interim relief, stated. Brooke Bond (Pakistan) Ltd. v. Second Sind Labour Court, Karachi 1973 PLC111;1984PLC1393;1984PLC115and1986PLC105rel. (d) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 36--Interim order--Power to grant interim order could be exercised by Labour Court only in a case where right which was threatened was violated and, nothing was left for adjudication finally--Question of irreparable loss wash criterion for issue of interim order. National Construction Co. (Pak.) Ltd. General Employees Union (C.BA.) v. National Construction Company (Pak.) Ltd. 1984 P L C 1393 rel. (e) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 36--Specific Relief Act (I of 1877), S. 56--Injunction--Injunction cannot be issued against Conciliation Officer who was a public servant performing mandatory duties enjoined upon him under law--Stay Order issued by Labour Court upon such officer would amount- to interference with his duties, and was barred by S. 56, Specific Relief Act. Syed Mushtaque Hussain Shah v. Riaz Muhammad Hazarvi and another P L D 1978 Kar. 612 rel. (f) Industrial Relations Ordinance (XXIII of 1969)--…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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