Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 25-A(1), (4) & 37(3)---Civil Procedure Code (V of 1908), O.XLI, R.1---Constitution of Pakistan (1973), Art.199---Constitutional petition---Filing of appeal before Labour Appellate Tribunal through counsel---Aggrieved person could bring a grievance notice to employer, himself, through a shop steward or Collective Bargaining Agent under S.25-A(1) of Industrial Relations Ordinance, 1969---Where worker was not satisfied with decision of employer or the employer had failed to communicate decision within stipulated time then worker or shop steward could take matter to Collective Bargaining Agent or Labour Court as provided by S.25-A(4) of Industrial Relations Ordinance, 1969---Word `himself' as mentioned in S.25-A(1) & (4) of Industrial Relations Ordinance, 1969, was missing in S.37(3) of the Ordinance which dealt with appeal before Labour Appellate Tribunal---In absence of any particular provision of Industrial Relations Ordinance, 1969 as to how an appeal could be filed by aggrieved person, Civil Procedure Code, 1908 would be applicable and under O.XLI, R.I, C.P.C., appeal could be filed by aggrieved person himself or through his Advocate---Appeal filed by petitioner through his counsel before Appellate Tribunal, was proper. Gulistan v. Sindh Labour Appellate Tribunal Karachi 1982 PLC 1007 and Iqbal Muhammad Khan v. Sindh Labour Appellate Tribunal 1992 PLC 549 ref. Muhammad Khursheed Ahmed for Petitioner. Anwar Jamal for Respondent No. 1. Date of hearing: 23rd May, 2005. ORDER Vide order dated 3-3-2004, a Full Bench of this Court was constituted by the Hon'ble Chief Justice (as he then was) to consider the order passed in this case dated 25-8-1993 whereby the conflict in the decisions arrived at by two learned Benches of this Court in the case of Gulistan v. Sindh Labour Appellate Tribunal Karachi (1982 PLC 1007). and Iqbal Muhammad Khan v. Sindh Labour Appellate Tribunal (1992 PLC 549) is to be resolved. It would be seen that per order passed on 25-8-1993, it was held that the view taken by the learned D.B in the case of Gulistan (supra) was that according to the language implied by the Legislature…

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