| Citation(s) |
|---|
| 1990 SLG 1314 1990 SLD 1314 1990 PLC 261 |
Sindh High Court
Constitutional Petition No. D-112 of 1983, decided on 16th November, 1989.
AJMAL MIAN, C.J. AND MUKHTAR AHMAD, JUNEJO, J
Syed Faiq Hussain Rizvi for Petitioners. Ch. Rasheed Ahmad for
Respondents.
Constitutional Petition No. D-112 of 1983, decided on 16th November, 1989.
AJMAL MIAN, C.J. AND MUKHTAR AHMAD, JUNEJO, J
Syed Faiq Hussain Rizvi for Petitioners. Ch. Rasheed Ahmad for
Respondents.
ABDUL RAZZAK and 7 others
VS
ABDUL RAZZAK and 7 others vs SINDH LABOUR APPELLATE TRIBUNAL and another
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 35(5)(d) & 38(3-a)---Payment of Wages Act (IV of 1930), S. 17---Revisional jurisdiction of Labour Appellate Tribunal---Jurisdiction to hear appeal against order of Authority under Payment of Wages Act, having been assigned to Labour Court established under Industrial Relations Ordinance, 1969, order passed in appeal by Labour Court against order of said Authority, held, would be amenable to revisional jurisdiction of Labour Appellate Tribunal. National Cement Industries Limited v. Sindh Labour Appellate Tribunal and 3 others 1981 P L C 561 and Muzaffar Ali v. Muhammad Shat P L D 1981 S C 94 ref. (b) Constitution of Pakistan (1973)-- ---Art. 199---Industrial Relations Ordinance (XXIII of 1969), Ss. 35 & 38--Constitutional petition---Competency of---Revision before Tribunal was filed against two different orders originally passed by Authority on two applications and thereafter by Appellate Court on two appeals---Single order having been passed by Tribunal in revision, one Constitutional petition against single revisional order could be filed---Contention that petition was defective as same was filed against two separate orders passed by Authority and Labour Court in two separate applications and appeals, was repelled. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---S 38(3-a)---Revisional jurisdiction, exercise of---Concurrent finding of fact, cannot be set aside by Tribunal in exercise of suo motu revisional powers, unless it was found to be perverse or based on no evidence or misreading of evidence. JUDGMENT AJMAL MIAN, C.J.--This petition is directed against an order dated 15-12-1982, passed by respondent No. 1. The brief facts leading to the fling of the above petition are that the petitioner and some other employees of the Railway filed two applications before the Authority under the Payment of Wages Act for claiming of two items, namely, Compensatory Allowance and the Conveyance Allowance on the ground that they were posted at Jumma Goth Railway Station which was within the limits of Karachi Municipal Corporation or part of suburban area of Karachi. The above applications were…
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