| Citation(s) |
|---|
| 2000 SLG 1637 2000 SLD 1637 2000 PLC 389 |
Sindh High Court
Constitutional Petition No.S 472 of 1998, decision dated: 25-11-1999
DR. GHOUS MUHAMMAD, J
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Constitutional Petition No.S 472 of 1998, decision dated: 25-11-1999
DR. GHOUS MUHAMMAD, J
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A & BEVERAGE SHAMA LABOUR UNION 404 406, INTERNATIONAL AUTO PARTS, KARACHI
VS
SINDH LABOUR COURT N0.3 through Presiding Officer, Block 7 Sindh Secretariat, Karachi and another
Law:
Section:
Constitution of Pakistan. (1973) Art. 199 Constitutional petition Non compliance of directions/observations given by High court while remanding case to subordinate Court --Effect High Court in an earlier Constitutional petition set aside impugned order and remanded case to Presiding Officer of Labour Court to decide the same afresh in the light of directions/observations made by High Court in its order Labour Court was supposed to follow remand order in letter and 'spirit, but it failed to do so by ignoring directions/observations of High Court and decided case in a way not permissible under the law Remand order was passed by High Court on merits, but Labour Court,' instead of following directions of High Court, tried to find out fault with the same Such approach of Labour Court was unwarranted and amounted to contempt of High Court Order passed by Labour Court on remand of the matter, was set aside and matter was remanded to different Labour Court to decide .afresh according to law. JUDGMENT The petitioner, a. registered trade union, is aggrieved by the order dated 1 10 1998 passed by Mr. Qamar Ahmed Shaikh the Presiding Officer, Sindh Labour Court No. 3 (respondent No. 1) The respondent No.2 is a private, limited company. According to the petitioners their members were employees of the respondent No.2. The petitioners had earlier filed C.P. No.S.3 of 1995 in this Court against the order dated 24 11-1994 which was set aside and the matter was remanded to the respondent No. l for decision afresh in the light of the observations made in the judgment dated 15 4 1995. Now the grievance of the petitioner is that the respondent No. l ignored the directions/observations of this Court and decided the case in a way not permissible under the law. I heard the learned counsel for the parties and perused the record. Learned counsel for the petitioner mainly urged that the remand order had been passed on merits, but the respondent No. 1 instead of following the directions of this Court in the remand order tried to find fault with them, and thus, his approach was unwarranted and amounts to contempt of this Court. Vide order dated 3 6 1999, office was directed to issue…
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