| Case ID |
101468ad-25d4-4eb2-b114-e2ea3fe69c5d |
| Body |
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| Case Number |
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| Decision Date |
Nov 21, 1995 |
| Hearing Date |
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| Decision |
The Labour Appellate Tribunal dismissed the appeals filed by the workmen against the order of the National Industrial Relations Commission (N.I.R.C.). The Tribunal found that it had no jurisdiction to hear appeals from the N.I.R.C.'s decision regarding unfair labor practices. The appropriate course of action for the petitioners was to approach the Full Bench of the N.I.R.C. instead. The Tribunal noted that the workmen had failed to submit personal affidavits as evidence, which led to the dismissal of their grievances. Consequently, the appeals were dismissed in limine as not maintainable. |
| Summary |
In the case of Abdul Kabir and others vs. Asian Food Industries Ltd, the Labour Appellate Tribunal of Sindh dealt with appeals regarding orders from the National Industrial Relations Commission (N.I.R.C.). The workmen, represented by Advocate Muhammad Shafiq Qureshi, sought to challenge the N.I.R.C.'s dismissal of their grievances related to unfair labor practices. The Tribunal emphasized that it lacked jurisdiction under Section 37(3) of the Industrial Relations Ordinance, 1969, to hear such appeals. Instead, the correct procedure would have been to approach the Full Bench of the N.I.R.C. The Tribunal highlighted the procedural failures of the petitioners, particularly the absence of personal affidavits, which contributed to the dismissal of their cases. This ruling underscores the importance of following proper legal channels in labor disputes. It serves as a reminder for workers to ensure compliance with procedural requirements when seeking redress for grievances against employers. Key terms include 'Industrial Relations Ordinance', 'N.I.R.C.', 'Labor Appellate Tribunal', and 'unfair labor practices', which are vital for understanding labor law in Pakistan. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Asian Food Industries Ltd
|
| Judges |
Mushtak Ali Kazi
|
| Lawyers |
Muhammad Shafiq Qureshi
|
| Petitioners |
Abdul Kabir,
146 others
|
| Respondents |
Asian Food Industries Ltd, Karachi
|
| Citations |
1996 SLD 354,
1996 PLC 200
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
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| Sections |
37(3)
|