| Case ID |
09b5ce4e-394a-4b91-a04f-1a8df9a86b90 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. 1608 of 1996 |
| Decision Date |
Dec 24, 1999 |
| Hearing Date |
Dec 03, 1999 |
| Decision |
The Sindh High Court dismissed the petition filed by SIMPLEX RUBBER MANUFACTURERS (PVT.) LTD. challenging the order of the National Industrial Relations Commission (NIRC). The court found that the NIRC acted beyond its jurisdiction by withdrawing cases from the Labour Court without any allegations of unfair labour practices. The High Court upheld the NIRC's Full Bench decision to set aside the earlier order, affirming that the Labour Court had the rightful jurisdiction to handle the case regarding employee grievances. The petitioners' claims were deemed without merit, leading to the dismissal of their petition. |
| Summary |
In the case of SIMPLEX RUBBER MANUFACTURERS (PVT.) LTD. vs. SIMPLEX RUBBER MANUFACTURERS EMPLOYEES UNION, the Sindh High Court addressed significant issues concerning industrial relations and unfair labor practices under the Industrial Relations Ordinance of 1969. The court examined the jurisdiction of the National Industrial Relations Commission (NIRC) in handling cases of unfair labor practices and the proper procedures for transferring cases from Labour Courts. The case revolved around the employer's application to close down operations without waiting for necessary permissions, leading to disputes regarding the termination of employee services and subsequent grievances filed. The court emphasized the importance of adhering to the legal framework established for addressing labor disputes and upheld the principle that jurisdiction must be respected to ensure fair adjudication. This decision serves as a vital reference for understanding the dynamics of labor relations law in Pakistan, particularly the balance of power between employers, employees, and regulatory bodies. |
| Court |
Sindh High Court
|
| Entities Involved |
SIMPLEX RUBBER MANUFACTURERS (PVT.) LTD.,
SIMPLEX RUBBER MANUFACTURERS EMPLOYEES UNION
|
| Judges |
DR. GHOUS MUHAMMAD,
SARMAD, JALAL OSMANY
|
| Lawyers |
Raza Abbas,
Muhammad Shafiq Qureshi
|
| Petitioners |
SIMPLEX RUBBER MANUFACTURERS (PVT.) LTD.
|
| Respondents |
others,
SIMPLEX RUBBER MANUFACTURERS EMPLOYEES UNION
|
| Citations |
2002 SLD 1730,
2002 PLC 238
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Constitution of Pakistan (1973)
|
| Sections |
15,
16,
22-A,
25-A,
38(c),
S.O.II-A
|