| Citation(s) |
|---|
| 1996 SLG 537 1996 SLD 537 1996 PLC 505 |
Labour Appellate Tribunal, N.W.F.P.
Appeal No. 89 of 1994, decision dated: 30-03-1995
JUSTICE ABDUR REHMAN KHAN, CHAIRMAN
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Appeal No. 89 of 1994, decision dated: 30-03-1995
JUSTICE ABDUR REHMAN KHAN, CHAIRMAN
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NASRIN JAVED and 4 others
VS
NADEEM ELECTRONIC (PVT.) LTD., HARIPUR through Managing Director NASRIN JAVED and 4 others Vs NADEEM ELECTRONIC (PVT.) LTD., HARIPUR through Managing Director
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 36 & 25-A---Civil Procedure Code (V of 1908), O.I, Rr. 9, 10, 12 & O.II, R. 6---Labour Court---Procedure and practice---Labour Court would be deemed to be a Civil Court and would be governed by Civil Procedure Code as envisaged under S. 36 of industrial Relations Ordinance, 1969---Provisions of Civil Procedure Code like O.I., Rr. 9, 10 & 12 and also O. II, R.6 and various others should be kept in views by Labour Court while disposing of application under S.25-A of Industrial Relations Ordinance, 1969. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A, 36 & 37(3)---Grievance petition---Dismissal---Joint grievance petition filed by employees against their dismissal was dismissed by Labour Court holding that joint petition on behalf of all employees was not maintainable---Validity---Dismissal of petition was not tenable as all relevant facts which give rise and which are foundation of grievance petition, constitute cause of action---Facts and circumstances having links with one another in point of time and purpose or as cause and effect and also as to whether the various acts are so related to produce a particular result, are also required to be ascertained and established in evidence---No solid finding' can be given about common grievance or common cause of action unless such relevant facts have been established---Such facts can be ascertained if parties are allowed to produce evidence, for in absence of evidence no effective finding can be given about same---Labour Court having decided all such disputed points without recording any evidence, its order dismissing grievance petition was set aside and case was remanded to decide factum of competency of grievance petition afresh after affording parties opportunity to lead evidence. JUDGMENT This appeal under section 37(3) of the Industrial Relations Ordinance, 1969 hereinafter referred as the Ordinance impugns the legality of the order dated 24-2-1994 of the learned Presiding Officer, Labour Court, Haripur by which the preliminary objection of the respondent that the joint petition under section 25-A (10) of the Ordinance…
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