| Citation(s) |
|---|
| 1990 SLG 1333 1990 SLD 1333 1990 PLC 268 |
Sindh High Court
Constitutional petitions Nos. D-889, D-890 and D-891 of 1989, decided on 9th December, 1989
SALEEM AKHTAR AND WAJIHUDDIN AHMED, JJ
S.M. Jamil Raza Zaidi for Petitioner.
Constitutional petitions Nos. D-889, D-890 and D-891 of 1989, decided on 9th December, 1989
SALEEM AKHTAR AND WAJIHUDDIN AHMED, JJ
S.M. Jamil Raza Zaidi for Petitioner.
Messrs UTILITY STORES CORPORATION OF PAKISTAN LIMITED
VS
Messrs UTILITY STORES CORPORATION OF PAKISTAN LIMITED vs SINDH LABOUR APPELLATE TRIBUNAL and 2 others
Law:
Section:
. (a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 51---Recovery of back benefits---Labour Appellate Tribunal on appeal reversed order passed by Labour Court according to which application of workman for reinstatement in service with back benefits was dismissed---Order of Tribunal reinstating workman with back benefits having not been complied with, workmen filed application under S. 51 before same Labour Court which was finally accepted and revision against order of Labour Court was also dismissed by Tribunal---Orders of Courts below were challenged in Constitutional petition on ground that Labour Court had no power to allow back benefits under S.51--Labour Court, is vested with polders to direct recovery of all moneys due from employer under a settlement or under an award or decision of arbitrator, Labour Court or Tribunal---Orders of Courts awarding back benefits thus did not suffer from lack of jurisdiction and could not be interfered with. Sultan Ali v. Khushi Muhammad P L D 1983 S C 243 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38---Workmen in their application before Court claimed their reinstatement as well as back benefits---Workmen, on dismissal of their applications preferred appeals against orders of Court and in memos of appeal specifically made prayers for setting aside orders of Court below and for allowing applications of workmen---Appellate Tribunal, no doubt, had merely allowed appeals, but grant of such appeals would also include relief for grant of back benefits---Contention that Appellate Tribunal had not expressly granted any back benefits, was repelled holding that as a necessary corollary grant of appeals, occasioned grant of back benefits as well. Muhammad Abu Zafar v. Secretary to Government of West Pakistan 1969 S C M R 298 ref. (c) Contempt of Court-- --- Law of Contempt; being of a penal nature, elements of contempt, held, must be proved beyond all reasonable doubt before visitation of any penalties. (d) Constitution of Pakistan (1973)-- ---Art. 199---Constitutional jurisdiction, exercise of---Questions of fact inviting details, held, could not be gone into in Constitutional jurisdiction…
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