| Citation(s) |
|---|
| 1993 SLG 1437 1993 SLD 1437 1993 PLC 651 |
Sindh High Court
C.P. No. D-865 of 1988, decided on 31st October 1992.
IMAM ALI G. KAZI AND AHMAD YAR KHAN, JJ
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C.P. No. D-865 of 1988, decided on 31st October 1992.
IMAM ALI G. KAZI AND AHMAD YAR KHAN, JJ
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MUSLIM COMMERCIAL BANK LTD., KARACHI
VS
SHAH NAWAZ SOLANGI and 2 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Limitation---Employee 6 days after his dismissal from service filed departmental appeal, but employer neither decided that appeal nor sent any intimation to employee about fate of the appeal--Grievance petition filed by employee beyond prescribed period, was within time, in circumstances, and could not be dismissed as time-barred. Utility- Stores Corporation of Pakistan Ltd. v. Punjab Labour Appellate Tribunal PLD 1987 SC 447 and Muslim Commercial Bank Limited v. Sindh Labour Appellate Tribunal and another 1984-PLC 1149 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 38---Appellate Tribunal having decided case in accordance with law on sound reasoning---Argument that Tribunal had to decide a particular matter in accordance with law and it had no jurisdiction to decide a matter rightly or wrongly, was repelled being devoid of any force. Utility Stores Corporation of Pakistan Ltd. v. Punjab Labour Appellate Tribunal PLD 1987 SC 447 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- -Ss. 35, 36 & 38---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction---Exercise of---Findings of fact that fell under exclusive jurisdiction of Labour Court and Labour Appellate Tribunal, could not be reexamined by High Court in exercise of its Constitutional jurisdiction. Allied Bank of Pakistan Limited v. Ejaz Ahmad Abbasi and another 1990 SCMR 1713 ref. Rizwan Ahmad Siddiqui for Petitioner. M.L. Shahani for Respondent No. 1. Abdul Ghafoor Mangi, Addl. A: G. for Respondents Nos. 2 and 3. Date of hearing: 24th September 1992 JUDGMENT AHMAD YAR KHAN, J. ---The petitioner-Bank is aggrieved by the decision of the Sindh Labour Appellate Tribunal, Karachi (respondent No. 3) passed on 8-5-1988, in Appeal No. SUK-90/86, whereby the Appellate Tribunal set aside the order of the Presiding Officer, Sindh Labour Court No. VII, Sukkur, who had dismissed the grievance petition of respondent No. 1 Shah Nawaz Solangi. The Appellate Tribunal by the decision impugned herein had ordered the reinstatement of respondent No. 1, in service with full back benefits.…
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