| Citation(s) |
|---|
| 1996 SLG 509 1996 SLD 509 1996 PLC 446 |
Sindh High Court
Constitutional Petition No. S-32 of 1995, decision dated: 7-03-1996, hearing DATE : 8-02-1996
RASHEED AHMED RAZVI, J
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Constitutional Petition No. S-32 of 1995, decision dated: 7-03-1996, hearing DATE : 8-02-1996
RASHEED AHMED RAZVI, J
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SHAFI MUHAMMAD
VS
PRESIDING OFFICER, LABOUR COURT NO. VI AT HYDERABAD and 2 others SHAFI MUHAMMAD Vs PRESIDING OFFICER, LABOUR COURT NO. VI AT HYDERABAD and 2 others
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 8(7)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Trade union---Change of office-bearers of trade union allegedly not communicated- to Registrar, Trade Unions within stipulated period---Effect---Registrar, Trade Unions issuing show-cause notice calling upon petitioner to explain as to why election results were not communicated within stipulated time and that Executive Committee was not constituted in accordance with provisions of bye-laws of the Union---Petitioner initially challenged order of Registrar, Trade Unions before Labour Court at "L" which returned petitioner's application for presentation of same to Court having territorial jurisdiction---Petitioner's subsequent application filed before Labour Court at "H" where Office of Registrar was situated was also returned to him for want of jurisdiction---Validity---Such orders passed by Labour Courts were not, sustainable for both Labour Courts had jurisdiction---Both Labour Courts having failed to exercise jurisdiction vested in those Courts, Constitutional petition against their orders refusing to exercise jurisdiction was maintainable. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 35 & 36(2)---Civil Procedure Code (V of 1908), S.20(C)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Labour Court--Jurisdiction---Extent---Provisions of S. 20, C.P.C.---Applicability---Labour Court for purpose of adjudication and determining any industrial dispute would be deemed to be a Civil Court and would have same powers as vested in such Court under Civil Procedure Code, 1908---Industrial Relations Ordinance, 1969, contained no provision regarding jurisdiction of Labour Courts---Provincial Government was competent to establish any number of Labour Courts it liked by Notification and through Notification territorial limits of Labour Courts could be determined---Labour Union and concerned Mill being situated within territorial limits of Labour Court at ' L' and Head Office of Registrar, Trade Unions being situated at ' H' both Labour Courts would have jurisdiction in terms of…
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