| Case ID |
03aa6cf9-25b3-434b-b217-2b928b4a58eb |
| Body |
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| Case Number |
C.As. Nos. 1076 to 1089 of 2019 |
| Decision Date |
Dec 05, 2019 |
| Hearing Date |
Dec 05, 2019 |
| Decision |
The Supreme Court dismissed the appeals filed by the respondents and allowed the appeals filed by the appellant, Martin Dow Marker Ltd. The court found that the respondents had been reinstated but failed to report for duty, indicating a lack of bona fides in their pursuit of legal remedies. The court emphasized that the concurrent findings of lower courts could only be overturned if misreading of evidence or wrongful exercise of jurisdiction was demonstrated, which was not established. Thus, the reinstatement of the respondents was set aside, and the decision of the High Court allowing reinstatement was reversed. |
| Summary |
In the case of C.As. Nos. 1076 to 1089 of 2019, the Supreme Court of Pakistan addressed the appeals concerning the reinstatement of employees of Martin Dow Marker Ltd. The case revolved around the interpretation of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, specifically Section 15, and Articles 185 and 199 of the Constitution of Pakistan. The court examined the validity of the employees' grievances after their reinstatement letters were issued but were not acted upon by them, leading to questions about their intentions and bona fides. The court ultimately ruled in favor of the appellant company, highlighting the importance of employees' duty to report for work post-reinstatement and the implications of their absence from duty. This case underscores the judicial approach to labor disputes and the necessity of adhering to procedural requirements in employment law. Keywords such as 'Supreme Court of Pakistan', 'reinstatement of employees', 'Industrial and Commercial Employment Ordinance', and 'legal remedies' are pivotal for understanding the context of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Martin Dow Marker Ltd.,
Merck Private Ltd.,
High Court of Balochistan
|
| Judges |
Gulzar Ahmed,
Maqbool Baqar,
Faisal Arab,
Ijaz ul Ahsan,
Sajjad Ali Shah
|
| Lawyers |
Shahid Anwar Bajwa,
Habib ur Rehman,
Muhammad Sajid Khan,
Ayaz Khan Swati
|
| Petitioners |
Others,
Martin Dow Marker Ltd., Quetta
|
| Respondents |
Others,
Asadullah Khan
|
| Citations |
2021 SLD 1028,
2021 PLC 67
|
| Other Citations |
PLD 2017 SC 265,
PLD 2014 SC 488,
PLD 2014 SC 1,
2004 SCMR 1934,
2002 SCMR 1985,
2001 SCMR 827,
2000 SCMR 866,
1999 SCMR 1904
|
| Laws Involved |
Constitution of Pakistan, 1973,
Industrial and Commercial Employment (Standing Orders) Ordinance, 1968
|
| Sections |
185,
199,
15
|