Legal Case Summary

Case Details
Case ID 212e3170-64ee-4eec-a84e-59e0bdd4a9ee
Body View case body.
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)