| Citation(s) |
|---|
| 2002 SLG 1699 2002 SLD 1699 2002 PLC 82 |
Quetta High Court
Constitutional Petition No. 222 of 2001, decision dated: 20-12-2001
TARIQ MAHMOOD AND AHMED KHAN LASHARI, JJ
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Constitutional Petition No. 222 of 2001, decision dated: 20-12-2001
TARIQ MAHMOOD AND AHMED KHAN LASHARI, JJ
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M. Abdul Ghani for . K. N. Kohli, Dy. A. G. for Messrs POINEER CABLES LIMITED through GENERAL Manager
VS
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A, 35(5), 37(3) & 38 Constitution of Pakistan (1973), Art. 199 Constitutional petition Judgment of Labour Court Appeal against Deficiencies; in the of Labour Court Appellate Tribunal Power and functions of Appellate Tribunal Labour Appellate Tribunal upheld of Labour Court only reproducing discussion and reasoning of the Labour Court without offering its own reasons Labour Appellate Tribunal had Labour made observation regarding conclusion recorded by the Labour Court without itself going into the facts of the case and passing a reasoned as an Appellate Authority Judgment of Labour Appellate Tribunal just agreeing with the conclusion arrived at by the Labour Court without assigning any reason for its own conclusions or without making any Comment on the arguments advanced on behalf of parties or without any reference to evidence on record or relevant law, was not a " in, the eyes of law Labour Court, under S.25 A(5), Industrial Relations Ordinance, 1969 could go into all facts of the case and pass just and proper order in the circumstances of the case Labour Appellate, Tribunal being Appellate Authority, had the same powers but such powers could be exercised only when there was an independent application of mind in the facts and circumstances of the case and law involved the matter Judgment passed by the Labour Appellate Tribunal being not in accordance with law, was declared to have been passed beyond its jurisdiction and case was remanded .for decision afresh in accordance with law. 1982 SCMR 542And Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447 ref. M. Abdul Ghani for Petitioner. K. N. Kohli, Dy. A. G. for Respondents JUDGMENT TARIQ MAHMOOD, J The facts of the case are that due to stated huge financial losses, lack of demands and consequential lack of orders, the petitioners' establishment undertook reorganization and services of eleven employees were terminated, including responded No.3, vide order dated 29th April, 1997. It is the case of the petitioners' establishment that retrenchment was effected strictly on the basis of principles of…
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