| Case ID |
04081d37-6770-497c-9767-26e9671ef4c4 |
| Body |
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| Case Number |
Civil Petition No.263 K of 1999 |
| Decision Date |
Jul 03, 2000 |
| Hearing Date |
|
| Decision |
JAVED IQBAL, J. This civil petition for leave to appeal is directed against the judgment dated 11-03-1999 passed by the Division Bench of the High Court of Sindh, Karachi, whereby the judgment dated 27-02-1997 passed by the learned single Judge was modified, confining the entitlement of the petitioner to receive allowances allowed to Mr. Zamir Haider and Miss Naila Ellahi. The court carefully examined the applicability of various sections of the Law Reforms Ordinance, the Constitution of Pakistan, and the Industrial Relations Ordinance to determine the maintainability of the Intra Court Appeal. It was concluded that the petition was devoid of merits and the objections regarding its maintainability had not been appropriately considered by the lower courts. Consequently, the petition was dismissed. |
| Summary |
In the landmark case Civil Petition No.263 K of 1999, the Supreme Court of Pakistan delivered a pivotal decision on July 3, 2000, concerning Syed ARIF RAZA RIZVI versus PAKISTAN INTERNATIONAL AIRLINES. The case centered around the entitlement of the petitioner to various allowances under the Industrial Relations Ordinance (XXIII of 1969) and the applicability of the Law Reforms Ordinance (XII of 1972). The petitioner, a former Flight Steward with PIA, challenged the termination of his services and sought reinstatement along with back benefits, including foreign and domestic slip allowances. Despite his acquittal in a related smuggling case, the termination order led to legal battles culminating in this civil petition.
The Supreme Court, presided over by Judges RANA BHAGWAN DAS and JAVED IQBAL, meticulously analyzed the relevant laws and sections, including Art.199 of the Constitution of Pakistan and S.3(2) of the Law Reforms Ordinance. Key issues revolved around the maintainability of an Intra Court Appeal, the jurisdiction of the Sindh Labour Court, and the interpretation of provisions related to allowances. The Court concluded that the Labour Court had exceeded its jurisdiction under section 51 of I.R.O. 1969 by awarding allowances without substantial evidence of entitlement, particularly given the disputed nature of Mr. Rizvi's duties during his employment period.
Furthermore, the Court emphasized that the provisions of the Law Reforms Ordinance do not allow for appeals in cases where the underlying law provides for alternative appellate remedies. This interpretation reinforced the decision to dismiss the petition, thereby upholding the lower courts' judgments. The case has significant implications for labor law and the procedural aspects of civil petitions in Pakistan, highlighting the stringent requirements for maintaining appeals and the importance of adhering to statutory provisions in adjudicating employment-related disputes.
This decision underscores the judiciary's role in balancing the rights of employees with the legal frameworks governing employment and labor relations. It serves as a precedent for future cases involving similar legal questions, particularly concerning the scope of appellate jurisdiction and the interpretation of labor ordinances. Legal practitioners and entities involved in labor disputes can draw valuable insights from this case regarding the intricacies of filing and maintaining appeals within the Pakistani legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
PAKISTAN INTERNATIONAL AIRLINES
|
| Judges |
RANA BHAGWAN DAS,
JAVED IQBAL
|
| Lawyers |
Suleman Habibulah,
Miss Wajahat Niaz,
Qamar Abbas,
K.A. Wahab
|
| Petitioners |
Syed ARIF RAZA RIZVI
|
| Respondents |
Messrs PAKISTAN INTERNATIONAL AIRLINES through Chairman/M.D., Karachi
|
| Citations |
2001 SLD 1518,
2001 PLC 13
|
| Other Citations |
1993 PLC 87,
PLD 1975 Lah. 1339,
PLD 1975 Lah. 1372,
PLD 1974 Kar. 345,
PLD 1975 Kar. 96,
PLD 1984 SC 344,
C.P. No.B 552 of 1981,
Karachi Club v. Muhammad Farooq,
Tobacco International Ltd. v. Chairman, S.L.A.T.
|
| Laws Involved |
Sindh Chief Court Rules (O.S.),
Law Reforms Ordinance (XII of 1972),
Constitution of Pakistan (1973),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
S.3(2),
S.38(3a),
Art.185(3),
Art.199,
Ss.25 A & 51
|