| Citation(s) |
|---|
| 2001 SLG 1472 2001 SLD 1472 2001 SCMR 1291 |
Supreme Court of Pakistan
Civil Petition No.252-K of 2000, decision dated: 5-09-2000. (On Appeal from the judgment of the High Court of Sindh, dated 3-4-2000 passed in C.P.No.D-1228 of 1997)
DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Obaidur Rehman, Advocate Supreme Court and Ahmadullah Farooqui, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No.252-K of 2000, decision dated: 5-09-2000. (On Appeal from the judgment of the High Court of Sindh, dated 3-4-2000 passed in C.P.No.D-1228 of 1997)
DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Obaidur Rehman, Advocate Supreme Court and Ahmadullah Farooqui, Advocate-on-Record for Petitioner. Nemo for
Respondents
SABIR MEHMUD BHATTI
VS
GENERAL MANAGER, PEARL CONTINENTAL HOTEL and another
Law:
Section:
Industrial Relations Ordinance (XXHI of 1969) S.25AConstitution of Pakistan (1973), Art. 185 (3)Grievance petition MaintainabilityDismissal from serviceLabour Court, jurisdiction ofConcurrent findings of fact by the Courts below-Petitioner was working on post of Inventory Controller and as Assistant Purchase Manager and was responsible for purchase of requirements of the hotelLabour Appellate Tribunal as well as the High Court concluded that the -Petitioner was not a workman and his petition under S.25A of Industrial Relations Ordinance, 1969, filed before the Labour Court was not maintainableValidityNo misreading or nonreading of the evidence by the Appellate Tribunal as well as the High Court was found and there was no jurisdictional error in the judgmentsSupreme Court declined to interfere with the judgment passed by High CourtLeave to appeal was refused. ORDER DEEDAR HUSSAIN SHAH, J. Learned Advocate-on-Record has submitted reply to the office objection wherein it is stated that impugned judgment was announced on 342000 and petition for leave to appeal was filed on 1052000 as such the petition is not barred by 32 days. In support of his contention he has filed copy of cause list dated 342000 issued by the High Court of Sindh. We, therefore, overrule the office objection. 2. -Petitioner has assailed the judgment of the High Court of Sindh dated 342000 seeking leave to appeal whereby C.P. No.D1228 of 1997 filed by the -Petitioner was dismissed. 3. Brief facts of the case are that -Petitioner Sabir Mehmud was employed as TypistcumStore Keeper with Pearl Continental Hotel, the -Respondent No. 1. Subsequently he was promoted and posted as Inventory Controller in a managerial category and again promoted in the capacity of Assistant Purchasing Manager with salary of Rs.7,500 per month. On 221992, services of the -Petitioner were terminated by the -Respondent No. 1 finding him to be unfit and further his services were no longer required. In lieu of notice before termination the -Petitioner was allowed three months' salary. 4. -Petitioner being aggrieved and dissatisfied, served grievance notice on the -Respondent No.1 and afterwards filed petition under section…
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