| Citation(s) |
|---|
| 1989 SLG 1679 1989 SLD 1679 1989 PLC 1022 |
Sindh High Court
Revision Petition No. 14 of 1988, decided on 15th May, 1988.
AJMAL MIAN, J
Mirza Muhammad Kazim for Petitioner. Suleman Habibullah for
Respondents.
Revision Petition No. 14 of 1988, decided on 15th May, 1988.
AJMAL MIAN, J
Mirza Muhammad Kazim for Petitioner. Suleman Habibullah for
Respondents.
S. MUKHTAR AHMED
VS
PAKISTAN TELECOMMUNICATION UNION and 4 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---S. 22-8(4)(b)--Civil Procedure Code (V of 1908), O.VII, R. 11 & S. 115--Suit for declaration and permanent injunction--Plaint rejected by Trial Court on application of defendant on the point of lack of jurisdiction by the Trial Court-On plaintiffs' appeal Trial Court's rejection order was set aside and suit was allowed to proceed--Revision--Question whether the suit was barred by the provisions of Industrial Relations Ordinance was not free from doubt--Case having been remanded by the First Appellate Court for proceeding with the suit, question of jurisdiction has to be decided afresh by the Trial Court after filing of written statement and in case of need, after recording of evidence--With such addition and modification First Appellate Court's order was maintained by High Court in exercise of revisional jurisdiction. Abdul Aziz Memon v. Registrar Trade Union 1984 P L C 67 and Muhammad Soomar and others v. N.I.R.C. and others 1987 P L C 782 ref. JUDGMENT This revision is directed against an order dated 16-12-1987 passed by the learned llnd Additional District Judge, East Karachi, in Civil Appeal No. 140 of 1987 setting aside the order dated 10-11-1987 passed by the learned Vth Senior Civil Judge, Karachi in Suit No. 1161 of 1987. 2. The brief facts leading to the filing of the above revision are that the respondent No. 1 filed aforesaid Suit No. 1161 of 1987 for declaration and permanent injunction, whereby it had prayed for the following relief: Prayer: In the light of the abovementioned facts and grounds, it is prayed that this Hon'ble Court may be pleased to declare:-- (a) That nomination of the alleged office-bearers of plaintiffs union by defendant No. l and approved by defendant No. 2 vide letter dated 8-81987 (Annexure `F') to the plaint, is illegal, ultra vires, void ab initio, inoperative and not sustainable; to declare the letter dated 8-8-1987 (Annexure `F') to the plaint issued by defendants Nos. 1 and 2 as illegal, issued without any lawful authority, nuli and void and to stay the operation of the said letter permanently. It is further prayed:- (b) That this Hon'ble Court may be pleased to…
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