| Case ID |
036be52b-a637-4ecb-b803-ca2783583eff |
| Body |
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| Case Number |
Revision Application No. KAR-200 of 1988 |
| Decision Date |
Jan 08, 1989 |
| Hearing Date |
Jan 08, 1989 |
| Decision |
The Labour Appellate Tribunal determined that the Labour Court lacked jurisdiction to try the case under the Employees' Cost of Living (Relief) Act, 1973, since the Sindh Government had not issued any notification authorizing the Labour Court to try such offences. The tribunal noted that the Labour Courts are established under the Industrial Relations Ordinance, 1969, and can only operate within the powers conferred by that statute. Consequently, the criminal proceedings pending before the Labour Court were quashed. The tribunal emphasized that any offences under the Employees' Cost of Living (Relief) Act, 1973, should be tried by a Magistrate, as no specific court was mentioned in the Act for such trials. This decision highlights the importance of jurisdictional authority in legal proceedings and the limitations placed on Labour Courts in Pakistan. |
| Summary |
The case revolves around the jurisdiction of the Labour Court concerning the Employees' Cost of Living (Relief) Act, 1973. The Workers Union of the Ark Garment Industries filed a complaint alleging that the company failed to pay legal dues, specifically the cost of living allowance. The Labour Court issued a process against the company, leading to an application for quashing the proceedings. The tribunal ruled that the Labour Court did not have the authority to hear the case, as there was no notification from the Sindh Government permitting such jurisdiction. The case emphasizes the need for clarity in jurisdictional matters, particularly in labor-related disputes, and underscores the importance of adhering to established legal protocols. This ruling serves as a precedent for similar cases where jurisdictional issues arise, reinforcing the legal framework governing labor relations in Pakistan. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
M/S. ARK GARMENTS INDUSTRIES (PVT.) LTD.,
Workers Union of the Ark Garment Industries
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Wasi Ahmed,
Muhammad Yaseen,
Ali Amjad,
Abdul Majeed,
Mupaffar Ahmed Khan
|
| Petitioners |
M/S. ARK GARMENTS INDUSTRIES (PVT.) LTD., KARACHI
|
| Respondents |
SIND LABOUR COURT,
Workers Union of the Ark Garment Industries
|
| Citations |
1989 SLD 2429,
1989 PLC 814
|
| Other Citations |
P L D 1986 S C 101,
1988 S C M R 1664,
P L D 1975 Kar. 342,
1979 S C M R 30.1,
P L D 1982 Kar. 913,
1984 P L C 1149
|
| Laws Involved |
Employees' Cost of Living (Relief) Act, 1973,
Industrial Relations Ordinance, 1969,
Criminal Procedure Code, 1898
|
| Sections |
9,
10,
35(5)(c),
29(2)
|