| Citation(s) |
|---|
| 1996 SLG 480 1996 SLD 480 1996 PLC 368 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-351 to 379 of 1995, decision dated: 19-12-1995, hearing DATE : 14-12-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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Appeals Nos. KAR-351 to 379 of 1995, decision dated: 19-12-1995, hearing DATE : 14-12-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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SHARAFAT ALI and 28 others
VS
ZEENAT SHIRT FACTORY, S.F. UNIT NO. 50, KARACHI SHARAFAT ALI and 28 others Vs ZEENAT SHIRT FACTORY, S.F. UNIT NO. 50, KARACHI
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 37(3)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 14---Re-employment of retrenched employees---Grievance petitions of retrenched employees were dismissed by Labour Court holding that grievance notice in respect of reemployment of retrenched employees had been sent to management "jointly" by all such affected employees---Case was remanded by Labour Appellate Tribunal for disposal of entire case in accordance with law covering all issues involved in dispute including maintainability of grievance petitions, after evidence by parties---Labour Court, on remand, without recording evidence of parties and without giving decision on all issues of law and fact as directed by Labour Appellate Tribunal, dismissed grievance petition of employees on preliminary legal objection of employers that employees could not seek remedy under S.25-A of Industrial Relations Ordinance, 1969 because their case was for reemployment end not against termination as a result of industrial dispute---Held, every case in which mixed questions of law and fact were involved, could not be decided on preliminary legal objections only without recording evidence and without giving decision on all issues of law end fact---Labour Court had reached the conclusion on law points in haste without following directions of Labour Appellate Tribunal which were specific and mandatory---Legal objections raised by employers should have been decided by Labour Court after recording evidence together with other issues of fact involved in cases of. employees--Labour Appellate Tribunal accepting appeals of employees against decision of Labour Court again remanded case to record fresh evidence and decide all issues of law and fact involved in cases of employees. 1994 SCMR 2213 ref. DECISION These appeals arise from the consolidated order of the Second Sindh Labour Court, Karachi, whereby the grievance Petitions Nos. 63 to 109 were dismissed on merely hearing of the Preliminary Legal Objections. 2. The facts in brief are that, 135 workers of a Garment Factory known as Zeenat Shirt Factory, the…
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