| Case ID |
03b6b015-b7da-40d1-b3fd-1c8d9dccf3db |
| Body |
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| Case Number |
Writ Petition No. 166 of 2014 |
| Decision Date |
Apr 18, 2019 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal dismissed the review petition on the grounds of jurisdiction and limitation, asserting that as the matter had been finalized by the Supreme Court, the Tribunal lacked the authority to reopen the case. The court upheld the Tribunal's decision, emphasizing that statutory provisions under the Industrial Relations Ordinance do not allow for a review petition. Consequently, the writ petition was dismissed, reinforcing the principle that review rights must be explicitly granted by law. |
| Summary |
This case revolves around the dismissal of Zulfiqar Ali Malik from his position at Habib Bank Limited and subsequent legal proceedings concerning the review of his dismissal. The Labour Appellate Tribunal rejected the petitioners' request for review, citing jurisdictional limitations and the conclusion of litigation at the Supreme Court level. The importance of statutory provisions in determining the right to file review petitions is highlighted, aligning with established legal precedents. The ruling underscores the necessity for explicit legislative authority to permit reviews in labor disputes, contributing to the understanding of labor rights and judicial processes in Azad Jammu and Kashmir. Keywords: Labour Appellate Tribunal, review petition, jurisdiction, Azad Jammu and Kashmir, Industrial Relations Ordinance, legal precedent. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Habib Bank Limited
|
| Judges |
RAZA ALI KHAN, JUSTICE
|
| Lawyers |
Abdul Rehman Awan,
Shoukat Ali Chaudhry
|
| Petitioners |
ANOTHER,
DR. SHAKEEL ASIF
|
| Respondents |
OTHERS,
ZONAL CHIEF HABIB BANK LIMITED,
ZONAL OFFICE BANK SQUARE NANGI MIRPUR, AZAD KASHMIR
|
| Citations |
2020 SLD 492 = 2020 PLC 68
|
| Other Citations |
2011 SCMR 1912 = 2012 PLC (C.S.) 885,
2011 SCMR 8,
2001 SCMR 912,
Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others PLD 1970 SC 1,
1974 PLC 225,
2007 PLC 64
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Azad Jammu and Kashmir Industrial Relations Ordinance (III of 1974)
|
| Sections |
2(27),
2(27)
|