| Case ID |
054da7ab-a83a-491a-b0a1-565f1a2b6a41 |
| Body |
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| Case Number |
Application No. KAR-852 of 1980 |
| Decision Date |
Jan 20, 1981 |
| Hearing Date |
Jan 29, 1981 |
| Decision |
The Labour Appellate Tribunal ruled that the order of attachment and forfeiture of the surety bond was invalid due to the lack of a proper procedure involving the surety being required to show cause. The Tribunal emphasized that the process outlined in Section 514 of the Criminal Procedure Code must be adhered to, which includes notifying the surety to show cause why the penalty should not be imposed. The case was remanded for fresh orders to give the surety an opportunity to respond adequately. The Tribunal recognized the importance of following legal protocols in the forfeiture of bonds and ensuring that the rights of the surety are protected, leading to a fair judicial process. |
| Summary |
This case revolves around the procedural validity of bond forfeiture under the Industrial Relations Ordinance and Criminal Procedure Code. Maqbool Hussain, as the surety for accused Abdul Waheed Khan, faced a forfeiture order without being given a chance to show cause. The Labour Appellate Tribunal highlighted the mandatory nature of the procedural steps outlined in Section 514, which necessitates a clear sequence of actions before imposing penalties on sureties. The Tribunal's decision to remand the case underscores the significance of adherence to legal procedures to safeguard the rights of individuals involved in judicial processes. For legal practitioners, this case serves as a vital reminder of the importance of following due process in bond-related matters, ensuring that all parties receive a fair opportunity to present their cases. This ruling contributes to the ongoing discourse on industrial relations and the legal frameworks governing surety bonds, reinforcing the need for clarity and compliance in legal proceedings. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
Z. A. Channa
|
| Lawyers |
Obaidur Rehman Khan
|
| Petitioners |
Maqbool Hussain
|
| Respondents |
Another,
Presiding Officer, Sind Labour Court No. II
|
| Citations |
1981 SLD 2375,
1981 PLC 729
|
| Other Citations |
Abdul Razaque v. State P L D 1978 Kar. 579,
Yaqoob Shah v. The State P L D 1978 Quetta 158,
Ghulam Qadir v. The State P L D 1970 Pesh. 99
|
| Laws Involved |
Industrial Relations Ordinance,
Criminal Procedure Code
|
| Sections |
36,
38 (3-a),
514
|