| Case ID |
1efb5604-e961-4279-9222-600a222f43b1 |
| Body |
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| Case Number |
Constitutional Petition No. 1576 of 1974 |
| Decision Date |
Jan 09, 1976 |
| Hearing Date |
Dec 17, 1975 |
| Decision |
The Sindh High Court upheld the decision of the Vth Sind Labour Court, which ordered the reinstatement of the respondent in service with full back benefits. The court found that the enquiry conducted against the respondent was not in accordance with the relevant regulations and therefore ruled that the dismissal was void. The court maintained that the Industrial Relations Ordinance, 1969 was applicable in this case, and the provisions governing the terms and conditions of employment were adequately followed. The court emphasized that the findings of the lower courts could not be interfered with in writ jurisdiction as they had the authority to decide the case rightly or wrongly. |
| Summary |
This case revolves around the reinstatement of an employee of the Karachi Development Authority (KDA) who was dismissed from service following disciplinary proceedings. The employee, identified as respondent No. 3, was accused of misconduct, including sabotage and subversive activities. The Junior Labour Court had previously ruled in favor of the employee, leading to an appeal by the KDA to the Sindh High Court. The High Court upheld the decision of the lower court, emphasizing the importance of adhering to the established regulations governing employee conduct. The court ruled that the Industrial Relations Ordinance, 1969 was applicable, providing the employee with a right to challenge the dismissal. This case highlights the essential principles of labor law, especially in relation to statutory bodies and the protections afforded to employees against arbitrary dismissal. The decision reinforces the role of labor courts in ensuring fair treatment and adherence to due process in employment-related disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Development Authority,
Vth Sind Labour Court
|
| Judges |
ZAKAULLAH LODHI, J
|
| Lawyers |
Sharifuddin Pirzada,
Sultan Ahmed
|
| Petitioners |
KARACHI DEVELOPMENT AUTHORITY
|
| Respondents |
2 OTHERS,
PRESIDING OFFICER, VTH SIND LABOUR COURT, KARACHI
|
| Citations |
1976 SLD 777,
1976 PLC 383
|
| Other Citations |
Muhammad Anjum Alias v. The State P L D 1974 Kar. 459,
R. T. H. Janjua v. National Shipping Corporation P L D 1974 S C 146,
Mohamed Hussain v. Sikandar P L D 1974 S C 139
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Karachi Development Authority Order, 1957,
K. D. A. Employees (Efficiency and Discipline) Regulations, 1970,
Constitution of Pakistan, 1973
|
| Sections |
25-A,
36-D,
199
|