| Case ID |
004f7205-2124-42b8-853c-e9fdd2119775 |
| Body |
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| Case Number |
D-226 of 1981 |
| Decision Date |
Oct 12, 1987 |
| Hearing Date |
Sep 30, 1987 |
| Decision |
The Sindh High Court dismissed the petition filed by the petitioners against the orders of the Sind Labour Appellate Tribunal. The Court held that the termination of the respondent's services was not conducted in accordance with the law as it lacked the due process of inquiry and show-cause notice. The Court emphasized that the provisions of the Newspaper Employees (Conditions of Service) Act and the Industrial Relations Ordinance were applicable in this case, particularly regarding the rights of newspaper employees against unlawful termination. The Court affirmed that the Labour Court's decision to reinstate the respondent was justified, as the procedural violations by the petitioners warranted such a remedy. The decision reiterates the importance of adhering to legal procedures in employment matters, especially for newspaper employees who fall under specific protective legislation. |
| Summary |
In the case of Sindh High Court's Constitutional Petition No. D-226 of 1981, the court addressed significant issues regarding the rights of newspaper employees under the Newspaper Employees (Conditions of Service) Act, 1973. The petitioners, Messrs HILALEPAKISTAN PUBLISHERS, challenged the decisions of the Sind Labour Appellate Tribunal that reinstated a terminated employee, arguing that the employee was not a 'workman' under the relevant laws. The court clarified that the definition of 'Newspaper employee' includes various roles within a newspaper establishment, thereby extending legal protections to them. Key legal principles discussed included adherence to due process in terminations, the importance of timely applications under the Industrial Relations Ordinance, and the discretionary nature of constitutional jurisdiction. The ruling emphasized that justice must prevail over technicalities, ensuring that employees are not unjustly terminated without proper procedures being followed. This case is crucial for understanding the legal framework governing employment in the media sector in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
HAIDER ALI PIRZADA
|
| Lawyers |
Rasheed A. Akhound,
M.L. Shahani
|
| Petitioners |
Messrs HILALEPAKISTAN PUBLISHERS
|
| Respondents |
2 others,
SIND LABOUR COURT N0.1, KARACHI
|
| Citations |
1988 SLD 382,
1988 PLC 7
|
| Other Citations |
Rehmat Ali v. The Security Papers Ltd. and another P L D 1982 Kar. 913,
Daily Hilal-e-Pakistan v. Sind Labour Appellate Tribunal and others 1984 P L C 395,
Messrs Daily Hilal-e-Pakistan v. Sind Labour Appellate Tribunal and others 1985 S C M R 918
|
| Laws Involved |
Newspaper Employees (Conditions of Service) Act (LVIII of 1973),
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
2(d),
17,
18,
25-A,
12(5),
15
|