Case Details

Citation(s)
2001 SLG 2094 2001 SLD 2094 2001 PLC 196
Labour Appellate Tribunal, Sindh
Revision Application No.SUK 4 of 2000, decision dated: 4-11-2000
MUNAWAR ALI KHAN, CHAIRMAN

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Messrs MUSLIM COMMERCIAL BANK LTD., KARACHI through Attorney/Vice President

VS

GHOUS BUX

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 38(3 a) Grievance petition Revision Contention of employer that before proceeding with grievance petition filed by employee, three legal objections, regarding lack of jurisdiction of Labour Court, limitation and res judicata should be decided first, was turned down by Labour Court For taking decision on such objections no evidence was to be led by parties and same could be decided on basis of material available on record Contention of employer having force, Labour Appellate Tribunal allowing revision remanded the case to decide the objections first. Shahid Anwar Bajwa for Applicant. Nemo for Respondent. Date of hearing: 21st October, 2000 DECISION The present revision petition which has been filed by Muslim Commercial Bank, Sukkut has been preferred from the short order, dated 4 1 2000 of Labour Court No.7 of Sukkur, whereby the Bank's prayer that legal objections involved in the case should be decided first was turned down. 2. I have heard the Bank's learned counsel at length and have also perused the relevant documents available ' in the case file. However, the respondent Ghous Bux was called absent though as per record notice was obviously served on him. A litigation between the parties started with filing of civil suit by respondent Ghous Bux in the Court of Senior Civil Judge Thari' Mirwah. He prayed for' declaration that termination of his services by the Bank was void ab initio and also for issuance of necessary injunction. In course of the suit proceedings applications was moved on behalf of the Bank that since the relationship between the parties was of master and servant, the plaint be rejected. However, application was dismissed by the Trial Court whereupon revision application was filed in the District Court Khairpur which was ultimately decided by the Additional District Judge of the said Court. The revision application was allowed by the Additional District Judge. His order was challenged in High Court, Sukkur Bench which by its order, dated 30 9 1999 confirmed the impugned judgment of the Additional District Judge. 3. After having failed to get the desired relief from Civil Courts the…
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