| Case ID |
11b140e1-ff8c-4902-a05e-09afd3c50fb6 |
| Body |
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| Case Number |
KAR-701 of 1981 |
| Decision Date |
Jan 14, 1982 |
| Hearing Date |
Jan 14, 1982 |
| Decision |
The Labour Appellate Tribunal found that the Labour Court had no jurisdiction to issue a temporary injunction regarding the transfer of Muhammad Iqbal Qureshi. The Tribunal determined that the grievance raised did not pertain to a right guaranteed under the law, settlement, or award. It was concluded that the order of the Labour Court was without jurisdiction and thus set aside. The Tribunal emphasized that the employer's right to transfer employees must be balanced with the rights of the workers and that the Labour Court could only exercise limited procedural powers necessary for adjudication. |
| Summary |
This case revolves around the Labour Appellate Tribunal's evaluation of the authority of the Labour Court to issue temporary injunctions in matters of employee transfers under the Industrial Relations Ordinance. Muhammad Iqbal Qureshi, a Chief Reporter for the Associated Press of Pakistan, contested his transfer to Hyderabad after a series of employment adjustments. The Tribunal ruled that the Labour Court exceeded its jurisdiction in granting a temporary injunction, which was deemed unwarranted. The judgement clarified the limitations of Labour Court powers in enforcing employee rights and emphasized the balance between employer discretion and employee rights. This case highlights significant aspects of labor law, temporary injunctions, and the procedural authority of labor courts in Pakistan, making it a pivotal reference for similar disputes. Key terms include labor rights, employee transfer, injunction, and jurisdictional authority in labor disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Associated Press of Pakistan
|
| Judges |
Z. A. Channa,
Inayat ur Rahman
|
| Lawyers |
Masood Mirza,
S. P. Lodhi
|
| Petitioners |
Muhammad Iqbal Qureshi
|
| Respondents |
Associated Press of Pakistan
|
| Citations |
1982 SLD 1516,
1982 PLC 444
|
| Other Citations |
Brooke Bond (Pak.) Ltd. v. IInd Labour Court, Karachi P L D 1973 Kar. 189,
Messrs M. F. Sons Food Industries v. Amel Mian 1980 P L C 865,
Sind Employees' Social Security Institution v. Adamjee Cotton Mills Ltd. P L D 1975 S C 32
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Civil Procedure Code, 1908
|
| Sections |
25-A,
36(2),
O. XXXIX, r. 1
|