Case Details

Citation(s)
2000 SLG 305 2000 SLD 305 2000 PLC 81
Lahore High Court
Writ Petitions Nos. 808, 810, 812, 813 and 814 of 1995, decision dated: 19-11-1999, hearing DATE : 26-10-1999
SYED, JAMSHED ALI, J
Jaffar Hussain Jaffri for Petitioner. Munawar Ahmed Javed for
Respondents

MUNICIPAL COMMITTEE, GOJRA through Administrator

VS

Mst. TASNEEM AKHTAR and 2 others

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 35,38,2(xxviii),25

Law: Constitution of Pakistan, 1973

Section: 199

(a) Industrial Relations Ordinance (XXIII of 1969) Ss. 35 & 38 Constitution of Pakistan (1973), Art.199 Question of jurisdiction of Labour Court Constitutional jurisdiction, exercise of Respondent had contended that objection with regard to jurisdiction of Labour Court not raised by employers either before Labour Court or before Labour Appellate Tribunal could not be allowed to be raised for the first time in Constitutional petition Validity Question of law could be raised at any stage of proceedings Question of jurisdiction raised by petitioner which went to the root of the case, could also be raised at any stage of proceedings, even before highest Court. Islam Din and 7 others v. Naseer ud Din 1995 SCMR 906; Habib Bank Ltd, v. Sindh Labour Court No.1 and others 1987 PLC 552; Mst. Kubra Bibi and another v. Abdul Haq and 7 others 1983 SCMR 737; Mst. Ghulam Fatima v. Muhammad Hussain and 5 others PLD 1976 SC 729; Midway House (Pvt.) Ltd., Karachi v. Sindh Labour Appellate Tribunal and 2 others 1992 PLC 916; The Management of Municipal Committee, Mianwali v. The General Secretary, Municipal Muharrirs' Union and another PLD 1968 Lah. 395; State Bank of Pakistan, Lahore through Chief Manager v. Ch. Muhammad Akhtar and 2 others 1998 PLC 506; Punjab Small Industries Corporation v. Punjab Labour Appellate Tribunal, Lahore and others 1988 SCMR 1725; Pakistan Television Corporation v. M. Babar Zaman and others 1989 SCMR 1549; National Shipping Corporation v. Sindh Labour Appellate Tribunal and 2 others 1975 PLC 1; I.C.P. Employees' Front, Karachi through General Secretary v. Presiding Officer, Vth Sindh Labour Court, Karachi and another PLD 1976 Kar. 1176; Mahaprasad Singh and others v. Ramani Mohan Singh and others AIR 1914 PC 140; Dr. Zulfiqar Haider v. Riaz Mahmud PLD 1992 SC 238; Shagufta Begum v. The Income Tax Officer, Cirlce XI, Zone B, Lahore PLD 1989 SC 360 and Haji Abdullah Khan and others v. Nisar Muhammad Khan and others PLD 1965 SC 690 ref. (b) Administration of justice Principles Court or Tribunal before whom lis was brought had to apply correct law and administration of justice according to law, could not be left to the litigants and their counsel.…
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