| Citation(s) |
|---|
| 1999 SLG 919 1999 SLD 919 1999 PLC 435 |
Labour Appellate Tribunal, Sindh
Appeal No.HYD-430 of 1997, decision dated: 10-03-1998.
AHMED YAR KHAN, CHAIRMAN
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Appeal No.HYD-430 of 1997, decision dated: 10-03-1998.
AHMED YAR KHAN, CHAIRMAN
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SHAUKAT ALI
VS
Messrs ZEAL PAK CEMENT FACTORY and another
Law:
Section:
(a) Administration of justice----Passing of judicial order and administrative order---Judicial' order could not be passed unless and until relevant Court passing such order had jurisdiction to adjudicate upon matter involved---Administrative order would not go through judicial process and could only be passed on administrative grounds for which conferment of jurisdiction and judicial powers was not necessary. (b) Administration of justice... -----Orders admitting suit and application---Kinds--Admission orders were generally of two kinds ---one which were recorded by lower Courts at the time of presentation of civil suits and applications while other kind was that which were passed by superior Courts at time of "Katcha Peshi"--Admission orders passed by lower Courts were of administrative nature and would not require judicial consideration while admission orders at the stage of "Katcha Peshi" required judicial consideration by superior Courts, (c) Industrial Relations Ordinance (XXIII of 1969)... ---Ss, 25-A & 35---Admission of grievance petition---Validity---Grievance petition filed under S. 25-A, Industrial Relations Ordinance, 1969 was dismissed by Labour Court on ground that Presiding Officer of Labour Court who ordered admission of application at relevant time was holding additional charge of Labour Court concerned and no jurisdiction was conferred on that Labour Court under S. 35, Industrial Relations Ordinance, 1969 and that said Labour Court was riot competent to pass order of admission of grievance petition-Validity---Admission order passed by Presiding Officer of Labour Court whet lead additional charge of concerned Labour Court, was an administrative order which did not require judicial consideration and could not be said its without jurisdiction---Order dismissing grievance application, was set aide, in circumstances and matter was remanded to Labour Court concerned for proceeding further on merits. Rana Mehmood Ali, Representative for Appellant. Nemo for Respondent. DECISION The present appeal pertains to an order passed by the learned Presiding Officer (Muhammad Ehteshamuddin Kazmi) Sindh Labour Court No. VI, Hyderabad, whereby he dismissed…
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