| Citation(s) |
|---|
| 1990 SLG 1571 1990 SLD 1571 1990 PLC 806 |
Sindh High Court
Constitutional Petitions Nos. D-1179 and D-1180 of 1987, heard on 26th March, 1990.
SAEEDUZZAMAN SIDDIQUI AND SALAHUDDIN MIRZA, JJ
Muhammad Humayoon for Appellant. Majeed Jeelani for
Respondents.
Constitutional Petitions Nos. D-1179 and D-1180 of 1987, heard on 26th March, 1990.
SAEEDUZZAMAN SIDDIQUI AND SALAHUDDIN MIRZA, JJ
Muhammad Humayoon for Appellant. Majeed Jeelani for
Respondents.
MESSRS A.E.G. PAKISTAN (Pvt.) LTD.
VS
and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 34---Constitution of Pakistan (1973), Art. 199---Grievance petition---Individual grievance---Although provisions contained in section 25-A, Industrial Relations Ordinance, authorise a Shop Steward or a Collective Bargaining Agent to bring individual grievance of a worker to the notice of his employer and also before Labour Court, in respect of rights guaranteed under any law, or an award or settlement for the time being in force, but such proceedings had to be filed on behalf of or in the name of individual worker as envisaged in S. 25-A---View taken by Appellate Tribunal that grievance petition under section 25-A, Industrial Relations Ordinance riled by Collective Bargaining Agent before Labour Court was not sustainable---Directions were issued to relevant authorities to treat the application under S. 34 instead of S. 25-A of the Ordinance and decide the same in accordance with law. Karachi Pipe Mills Limited v. Sindh Labour Appellate Tribunal P L D 1984 Kar. 503 ref. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.--We propose to dispose of the above-noted two petitions by a common order as the points of law involved are identical. We may state here that Mr. Mohammad Ali, Advocate, holding brief for Mr. Majeed Jeelani, Advocate made a request for adjournment on the ground that the mother of the counsel had expired about 10 days back and as such he has not been able to come to the Court but we do not consider the above ground as sufficient for adjournment of the case and accordingly reject the request for adjournment. We have heard the learned counsel for the petitioner at length. The above petitions are directed against the common order of Sindh Labour Appellate Tribunal dated 24-5-1987 by which the learned Tribunal allowed the appeal of respondent No. 2 and remanded the cases to 1IIrd Labour Court, Karachi, for disposal according to law. The background of the cases my be stated as follows:- Respondent No.2 which is Collective Bargaining Agent of the petitioner's establishment served a grievance notice under section 25-A of the I.R.O. on 30th October, 1984, claiming that the festival holidays which have…
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