| Case ID |
212e3170-64ee-4eec-a84e-59e0bdd4a9ee |
| Body |
View case body. Login to View |
| Case Number |
SUK-106 of 1991 |
| Decision Date |
Aug 10, 1991 |
| Hearing Date |
Aug 10, 1991 |
| Decision |
The court determined that the respondent's complaint under section 25-A(8) of the Industrial Relations Ordinance was premature, as the Labour Court had not yet taken cognizance of the complaint. The notice issued was merely to provide the employer an opportunity to present their case. The court dismissed the revision application, allowing the employer to file a fresh application if the Labour Court formally brought the case on record and issued summons or warrants. The Labour Court was instructed to proceed with the complaint in accordance with the law without being influenced by the previous order. |
| Summary |
The case involves a revision application regarding a complaint filed by a workman against an employer for disobeying orders of the Labour Court. The Labour Appellate Tribunal ruled that since the Labour Court had not yet taken cognizance of the case, the revision application was premature. The Tribunal clarified that the notice issued to the employer was not obligatory for appearance, and the employer could file a fresh application if the Labour Court decided to formally bring the case on record. This ruling emphasizes the importance of procedural correctness in industrial relations cases, particularly the necessity for cases to be formally recognized before revision applications can be entertained. Key terms include 'Industrial Relations Ordinance', 'Labour Court', and 'revision application', which are critical in understanding the context and legal framework of this case. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALT U. QURESHI
|
| Lawyers |
Shabbir Ahmed Aiwan
|
| Petitioners |
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR
|
| Respondents |
MUHAMMAD SHAMSHAD
|
| Citations |
1992 SLD 698,
1992 PLC 225
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A(8),
38(3-A)
|