| Case ID |
173cf078-1865-4186-91d4-2be96d2c5c68 |
| Body |
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| Case Number |
Application No. 181 of 1973 |
| Decision Date |
Aug 02, 1973 |
| Hearing Date |
|
| Decision |
The court held that the rights of parties arising from facts existing before the enactment of the statute should be presumed to be unaffected unless the statute expressly states otherwise. The amendment did not retroactively affect the rights of the individual workman to invoke section 34 of the Industrial Relations Ordinance, 1969. The Labour Court retains jurisdiction to hear applications under section 34 for causes of action that arose prior to the amendment. The court emphasized the importance of vested rights and the principle that such rights cannot be taken away without specific legislation. |
| Summary |
This case involves the interpretation of the Industrial Relations Ordinance, 1969, particularly focusing on section 34, which provides rights to individual workmen. The Labour Appellate Tribunal of Sindh addressed the implications of amendments made by the Industrial Relations (Amendment) Ordinance, 1972, specifically the omission of the word 'workman' from section 34. The ruling clarifies that vested rights, established before the amendment, remain intact unless explicitly stated otherwise by new legislation. The court underscored the necessity of protecting previously acquired rights and the conditions under which legislative changes affect ongoing and past actions. In essence, the decision reaffirms the principle that legislative amendments do not apply retroactively to infringe upon established rights unless explicitly indicated. The case highlights critical legal concepts such as retrospective operation of statutes and the safeguarding of individual workman's rights within the framework of industrial relations law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
Abdul Hamid Baluch
|
| Lawyers |
Wasi Ahmad,
M. M. A. Hasan
|
| Petitioners |
Asmatullah
|
| Respondents |
Opel Laboratories Ltd., Karachi
|
| Citations |
1976 SLD 782 = 1976 PLC 405
|
| Other Citations |
Mir Hussain v. State P L D 1969 Lab. 786,
Maxwell on Interpretation of Statutes p. 206,
1970 P L C 373,
P L D 1972 Lab. 686,
1969 S C M R 40
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Industrial Relations (Amendment) Ordinance, 1972,
General Clauses Act, 1897
|
| Sections |
34,
6
|