| Citation(s) |
|---|
| 1995 SLG 1035 1995 SLD 1035 1995 PLC 57 |
Sindh High Court
Constitutional Petition No. 2337 of 1994, decided on 31st October, 1994.
ABDUL RAHIM QAZI AND ABDUL MAJEED KHANZADA, JJ
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Constitutional Petition No. 2337 of 1994, decided on 31st October, 1994.
ABDUL RAHIM QAZI AND ABDUL MAJEED KHANZADA, JJ
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PAKISTAN STEEL MILLS CORPORATION, KARACHI through Deputy General Manager (Law)
VS
NISAR AHMAD MEMON and 2 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Civil Procedure Code (V of 1908), O. VII, Rr. 11 & 10---Grievance petition---Want of territorial jurisdiction---Effect---Grievance petition could not be dismissed for lack of territorial jurisdiction under O. VII, R.11, C.P.C: -Such petition, however, has to be returned under O.VII, R. 10, C.P.C. for presentation before Competent Court having jurisdiction. (b) Industrial Relations Ordinance (XXHI of 1969)--- ----S. 25-A---Civil Procedure Code (V of 1908), S. 20(c)---Jurisdiction of Labour Court to entertain and decide workman's grievance petition who had been dismissed by employer---Objection to territorial jurisdiction---When workman's services were terminated he was serving in the project within territorial jurisdiction of Labour Court concerned---Provision of S. 20(c), C.P.C. provides that a suit can also be filed where cause of action in whole or in part had accrued---Orders passed by Labour Court that it had territorial jurisdiction in the matter would need no interference in circumstances. Akhlaq Ahmad Siddiqui for Petitioner ORDER This Constitution petition is directed against the orders passed by the Sindh Labour Appellate Tribunal, Karachi, upholding the orders passed by Labour Court No. VI, Hyderabad. 2. The facts relevant for the purposes of this petition are that respondent No. 1 is an employee of present petitioner working in their Limestone Project at Makli and that for the reason mentioned in the order terminating his service he was dismissed. Being aggrieved, the respondent No. 1 had instituted grievance petition after serving a due notice under section 25-A of the I.R.O., 1969, before respondent No. 2 at Hyderabad. During the proceedings the present petitioner moved an application under Order 7, Rule 11, C.P.C., praying for rejection of the grievance petition for the reasons that Hyderabad Court had no territorial jurisdiction in the matter. The learned respondent No.2 after discussing the matter at length…
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