| Case ID |
265efc85-12cf-4d9d-8e44-6acd20904a73 |
| Body |
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| Case Number |
Writ Petitions Nos.7395/7396 and 7648/8001 of 1990 |
| Decision Date |
Jun 05, 1996 |
| Hearing Date |
May 05, 1996 |
| Decision |
The Lahore High Court found that the appeals filed by the Allied Bank of Pakistan were competent, reversing the decision of the Labour Appellate Tribunal, which had deemed them incompetent. The court emphasized that technical defects in the signing and presentation of the memorandum of appeal were rectifiable, and thus the appeals should not be dismissed on such grounds. The case of the bank against the workers was found to have merit, and the previous orders that reinstated the workers were declared without lawful authority. The court stressed the importance of adhering to procedural requirements while also allowing for flexibility in the technical aspects of filing appeals. |
| Summary |
This case revolves around the appeals filed by the Allied Bank of Pakistan against the Punjab Labour Appellate Tribunal's decision regarding the dismissal of two employees for misconduct. The Lahore High Court addressed the technicalities surrounding the filing of the appeals, specifically focusing on the signing and presentation of the memorandum of appeal. The court concluded that such defects were curable and should not automatically invalidate the appeal. Moreover, it was determined that the employees had been reinstated without proper authority, thus overturning the previous ruling. This case highlights the balance between procedural correctness and substantive justice in labor law disputes, making it a significant reference for similar cases in the future. The involvement of the Industrial Relations Ordinance and the Civil Procedure Code underlines the complexities of labor law in Pakistan, which is crucial for legal practitioners and advocates in the field. Keywords such as 'labour law', 'appeal procedures', 'employee rights', and 'judicial review' are relevant for understanding the implications of this decision. |
| Court |
Lahore High Court
|
| Entities Involved |
ALLIED BANK OF PAKISTAN LTD,
PUNJAB LABOUR APPELLATE TRIBUNAL
|
| Judges |
IHSANULHAQ CHAUDHRY, J
|
| Lawyers |
Ata-UR-REHMAN Sheikh,
Muhammad Zaman Qureshi
|
| Petitioners |
ALLIED BANK OF PAKISTAN LTD
|
| Respondents |
Muhammad Asghar Malik,
PUNJAB LABOUR APPELLATE TRIBUNAL
|
| Citations |
1996 SLD 660,
1996 PLC 702
|
| Other Citations |
1981 SCMR 687,
1985 SCMR 1386,
PLD 1984 SC 12,
PLD 1972 SC 9,
PLD 1969 Kar. 210,
PLD 1967 Lah. 807,
1989 MLD 4624,
1982 SCMR 651,
1990 PLC 514,
1980 PLC 234,
1982 PLC 1007,
1989 PLC 515,
1992 PLC 86,
1993 SCMR 94,
1994 PLC 153,
1985 PLC (C.S.) 1053,
1989 PLC 663,
1994 SCMR 2213,
PLD 1988 SC 53
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Civil Procedure Code (V of 1908)
|
| Sections |
38,
25-A,
XLI
|