| Case ID |
0bd1799b-4da9-46a3-96f4-1674dd905705 |
| Body |
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| Case Number |
Appeal No. 276 of 1973 |
| Decision Date |
May 24, 1975 |
| Hearing Date |
|
| Decision |
The appeal filed by the Managing Director of United Textile Mills Limited against the Junior Labour Court's ruling on 12th February 1973, which favored eight workers entitled to gratuities and ancillary benefits, raised a critical legal question regarding the absence of a grievance notice as mandated under sections 25-A (1), (2), and (3) of the Industrial Relations Ordinance. The appellant contended that the Junior Labour Court lacked jurisdiction without such notice. The respondents claimed that the notices were indeed served, but this was not substantiated in the Lower Court's evidence. The Tribunal decided to remand the case for further examination of evidence regarding the grievance notice, emphasizing the necessity of this procedural step for jurisdictional validity. The Tribunal directed expedited handling of the remanded case, recognizing the prolonged delay in resolution. |
| Summary |
This case revolves around the appeal filed by United Textile Mills Limited against a ruling that granted gratuities to eight workers. A significant issue raised was whether the workers had served the necessary grievance notice prior to initiating proceedings in the Junior Labour Court. The absence of this notice was argued to negate the court's jurisdiction. The Tribunal highlighted the legal implications of the grievance notice requirement and decided to remand the case for further evidence collection. This case illustrates the importance of procedural compliance in labor disputes and the potential for jurisdictional challenges arising from failure to adhere to statutory requirements. Keywords: Industrial Relations, grievance notice, labor court jurisdiction, procedural compliance, labor rights. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Muhammad Siddique,
Muhammad Yousaf,
Muhammad Sharif,
United Textile Mills Ltd.,
Munir Ahmad,
Amin-ud-Din,
Muhammad Yamin,
Inam-ul-Haq,
Inayat Masih
|
| Judges |
MUHAMMAD MIAN QURESHI
|
| Lawyers |
Nasir Ahmad,
Muhammad Amin
|
| Petitioners |
UNITED TEXTILE MILLS LTD., FAZALABAD, MULTAN
|
| Respondents |
MUHAMMAD SHARIF,
MUHAMMAD YOUSAF,
MUHAMMAD SIDDIQUE,
MUNIR AHMAD,
MUHAMMAD YAMIN,
INAYAT MASIH,
AMIN-UD-DIN,
INAM-UL-HAQ
|
| Citations |
1977 SLD 1667,
1977 PLC 391
|
| Other Citations |
Nasim Silk Industry v. 5th Sind Labour Court P L J 1974 Kar. 80
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A (1),
25-A (2),
25-A (3),
36-D
|