| Citation(s) |
|---|
| 2001 SLG 797 2001 SLD 797 2001 SCMR 190 |
Supreme Court of Pakistan
Civil Appeals Nos. 1501 and 1502 of 1997, decision dated: 31st May, 2000
MUHAMMAD BASHIR, JEHANGIRI, JUSTICE MIAN MUHAMMAD AJMAL, JUSTICE DEEDAR HUSSAIN SHAH, JUSTICE
Mehta K.N Kohli, Advocate-on-Record for Appellants. Muhammad Munir Peracha, Advocate Supreme Court and M.A. Zaidi, Advocate- on-Record for
Respondent.
Civil Appeals Nos. 1501 and 1502 of 1997, decision dated: 31st May, 2000
MUHAMMAD BASHIR, JEHANGIRI, JUSTICE MIAN MUHAMMAD AJMAL, JUSTICE DEEDAR HUSSAIN SHAH, JUSTICE
Mehta K.N Kohli, Advocate-on-Record for Appellants. Muhammad Munir Peracha, Advocate Supreme Court and M.A. Zaidi, Advocate- on-Record for
Respondent.
NAZIR AHMED AND ANOTHER
VS
GILLETTE PAKISTAN LIMITED AND OTHERS
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)---- ----S.25-A---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether the order of High Court, that the petitioners were not the employees of employer company but were personal drivers of the officers of the company and their applications under S.25-A, Industrial Relations Ordinance, 1969 were not maintainable, was sustainable on the evidence on record. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Grievance petition---Termination of service---Failure to regularize and confirm the services of employees---Employer company terminated the services of employees without notice on the ground that they were not the employees of the company---Labour Court accepted the grievance petition acid reinstated the employees, the was reversed by the Labour Appellate Tribunal---High Court dismissed the Constitutional petition of the employees against the order of Appellate Tribunal in limine and did not consider and discuss evidence produced by the parties-Validity ---Appointment letters and admissions of witnesses established that -the employees were in employment of the company and the services were terminated without assigning any reason or issuing any formal written order, which resulted in displacement of the employees---Order of the High Court as well as the of the Labour Appellate Tribunal were set aside and that of Labour Court was upheld by Supreme Court. (c) Constitution of Pakistan (1973)--- ----Art.187---Jurisdiction of Supreme Court---Scope---Supreme Court being at the apex, is competent under Art. 187 of the Constitution to pass any order, decree and issue directions for the advancement of complete/substantial justice---Mere technicalities cannot restrain the Supreme Court in rendering complete and substantial justice as envisaged under Art. 187 of the Constitution. JUDGMENT DEEDAR HUSSAIN SHAH, J.---We propose to dispose of both these appeals by common judgment as same arise out of same impugned judgment and common points of law and facts are involved. 2. Briefly stated the relevant facts are that appellants in Appeal No. 1501 of 1997 and Ghulam Ali…
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