Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 34 Joint grievance petition Competency Individual or collective grievance could be made through Collective Bargaining Agent under provisions of Ss.25 A & 34 of Industrial Relations Ordinance, 1969. Collective Bargaining Agent and employer could move application under S.34 of the Ordinance when controversy was about enforcement of right secured under settlement between Management and Collective Bargaining Agent Collective Bargaining Agent was competent to make move to Labour Court even without waiting for formal application from affected workman-Matter being of grievance about enforcement of right secured by workmen under settlement, same was not the matter relating to individual affairs of any workman-- Contention that Collective Bargaining Agent was not competent to move joint grievance application for workmen, was repelled. 1992 S C M R 36 and 1984 PLC 1359 ref. (b) Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 34 Constitution of Pakistan (1973), Art.199 Constitutional petition Contention was that grievance petition was barred by time Grievance petition in question was sent by post and was dispatched in time which was witnessed by postal receipt brought on record Question of limitation being mixed question of fact and jaw, same could only be decided by Labour Court and Appellate Labour Tribunal and not by High Court in exercise of its Constitutional jurisdiction. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 13 Constitution of Pakistan (1973), Art. 199 Constitutional petition Retrenchment Both Courts below had found that retrenchment of employees was mala fide and illegal Conclusion of Courts below which was almost identical on facts which was not suffering from any illegality, irregularity or infirmity, could not be interfered with by High Court in exercise of Constitutional jurisdiction. JUDGMENT MUHAMMAD ASHRAF LEGHARI, J. This Constitutional Petition is preferred by the petitioners against the orders dated 18 11 1987 and 28 2 1990 passed by Presiding Officer, Vth Sindh Labour Court Karachi and Chairman Sindh Labour…

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