| Case ID |
0a5fda0c-2f3c-4c1e-a4a0-c381d7296384 |
| Body |
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| Case Number |
Constitutional Petition No. 860 of 1975 |
| Decision Date |
Nov 26, 1978 |
| Hearing Date |
Nov 04, 1978 |
| Decision |
The Constitutional Petition was dismissed as the Sind Labour Court acted within its lawful authority and jurisdiction. The court found that the Labour Court had properly followed the procedures laid out in the Payment of Wages Act, 1936, and had heard both parties before making a decision. The High Court determined that there was no basis for invoking Article 199 of the Constitution since the issues raised were not jurisdictional defects but rather questions of law and fact. The High Court emphasized that an incorrect decision does not equate to a lack of authority. Therefore, the order of the Labour Court was upheld. |
| Summary |
In the case of Constitutional Petition No. 860 of 1975, the Sindh High Court dealt with issues surrounding the Payment of Wages Act, 1936, and the jurisdiction of the Sind Labour Court. The petitioner, MESSRS NATIONAL TYRE & RUBBER Co., contested the decision of the Labour Court which had ruled in favor of the respondent, a former employee seeking recovery of dues. The case underscored the importance of adhering to proper legal procedures and the limits of judicial review under Article 199 of the Constitution of Pakistan. The ruling clarified that the Labour Court had acted correctly within its jurisdiction and that the appeal process under the Payment of Wages Act is final. The judgment emphasized the distinction between jurisdictional errors and erroneous decisions, asserting that the latter do not invalidate the authority of the court. This case highlights the significance of understanding labor laws and the procedural safeguards involved in wage disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, J
|
| Lawyers |
Yousuf Rafi,
Humeed M. Siddique
|
| Petitioners |
MESSRS NATIONAL TYRE & RUBBER Co.
|
| Respondents |
2 OTHERS,
SIND LABOUR COURT No. III, KARACHI
|
| Citations |
1979 SLD 1046,
1979 PLC 440
|
| Other Citations |
P L D 1974 S C 139
|
| Laws Involved |
Payment of Wages Act, 1936,
Constitution of Pakistan (1973)
|
| Sections |
15,
17,
199
|