| Citation(s) |
|---|
| 2001 SLG 1603 2001 SLD 1603 2001 SCMR 1935 |
Supreme Court of Pakistan
Civil Appeals Nos .1340 to 1342 of 1996, decision dated: 11-04-2001
IFTIKHAR MUHAMMAD CHAUDHRY AND HAMID ALI MIRZA, JJ
Muhammad Munir Peracha, Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Record (absent) for Appellants (in all Cases). M.A. Qureshi, Advocate-on-Record (absent) for
Respondent (in C.A. No. 1338 of 1996)
Civil Appeals Nos .1340 to 1342 of 1996, decision dated: 11-04-2001
IFTIKHAR MUHAMMAD CHAUDHRY AND HAMID ALI MIRZA, JJ
Muhammad Munir Peracha, Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Record (absent) for Appellants (in all Cases). M.A. Qureshi, Advocate-on-Record (absent) for
Respondent (in C.A. No. 1338 of 1996)
ABDUL SATTAR and another
VS
SUI NORTHERN GAS PIPELINES LIMITED and others
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.12(3)Industrial Relations Ordinance (XXIII of 1969). S.25AConstitution of Pakistan (1973), Art. 185(3)Leave to appeal was granted by Supreme Court to consider, whether the oral termination of the employees was violative of S.12(3) West Pakistan Industrial and Commercial Employment (Sanding Orders) Ordinance, 1968, which expressly provided that services of a workman could be terminated only through a written order assigning explicit reasons and it was so held both by the Labour Court and Labour Appellate Tribunal but High Court had not attended to such aspect of the matter; whether there was no such classification as 'daily wagers' in S.1 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, which enumerated various classes and categories of workmen: whether employees/-Petitioners were workmen within the meaning of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and Industrial Relations Ordinance, 1969 and such employees could, therefore, agitate their grievance in Labour Court in respect of the rights guaranteed under the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and whether the employees had pursued their remedy before the Special Authority/Member, National Industrial Relations Commission bona fide and as such the time consumed in those proceedings was a "sufficient cause" for condoning the delay under S.5 of Limitation Act, 1908, in any case the delay having been condoned by the Labour Appellate Tribunal in its discretion, such discretion was not available to High Court to reverse that decision in exercise of extraordinary jurisdiction in Constitutional petition. (b) Industrial Relations Ordinance min of 1969) S.2(xxviii)West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)'Worker' and 'workman', classification ofScopeNo classification is provided either in S.2(xxviii) of Industrial Relations Ordinance, 1969, or in S.2(i) of West Pakistan Industrial and Commercial Employment (Standing…
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