Case Details

Citation(s)
2001 SLG 2129 2001 SLD 2129 2001 PLC 115
Sindh High Court
Constitutional Petition No.D 85 and Miscellaneous Application No.2195 of 2000, decision dated: 7-11-2000.
SAIYED SAEED ASHHAD AND SARMAD, JALAL OSMANY, JJ

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ABDUL QAYYUM and 12 others

VS

SINDH LABOUR APPELLATE TRIBUNAL and 2 others

Law:

Section:

Industrial Relations Ordinance (XIII of 1969) S. 37(3) Constitution of Pakistan (1973) Art. 199 Constitutional petition Appeal Application fled by counsel for appellant for adjournment on ground that he was busy in High Court was dismissed by Labour Appellate Tribunal and proceeded with the appeal Appellants having been denied the right of hearing through their counsel, Constitutional petition was allowed and case was remanded to Labour Appellate Tribunal for re hearing after providing opportunity to counsel for appellants to put forward their case. Ashraf Hussain Rizvi for Petitioner. ORDER The contention of Mr. Ashraf Hussain Rizvi is that the petitioners have been condemned unheard by the learned Appellate Tribunal inasmuch as Mr. Rafiullah, learned Counsel appearing on behalf of the petitioners was busy before this Court and had submitted an application for adjournment but the learned Chairman Sindh Labour Appellate Tribunal rejected the application and proceeded with the appeal. His submission is that the petitioners were not in a position to plead their case in a manner which could have been done by their counsel. As a result of which they have been made to suffer unjustly by depriving them of the right of personal hearing. The contention advanced by Mr. Ashraf Hussain Rizvi is borne out from the order of Sindh Labour Appellate Tribunal wherein in para.7 it has been stated that the arguments of the parties were heard and considered. That there is no denying the fact that the petitioners not being educated persons would not be in a position to argue their case before the Sindh Labour…
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