| Case ID |
268f6d43-7e09-4b2e-bffa-2610a41cb52c |
| Body |
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| Case Number |
Appeal No. 39 of 1992 |
| Decision Date |
Feb 20, 1993 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the order of the Presiding Officer of the Labour Court was set aside. The case was remanded for a decision on merits after allowing both parties to present their evidence. The court emphasized that cases should be resolved based on merits and that both parties must be given a fair opportunity to be heard. The circumstances surrounding the non-appearance of the appellant were found to be valid, particularly regarding the death of the Municipal Engineer's mother, which constituted sufficient cause to set aside the ex parte order. The court directed both parties to appear in the Labour Court on 15-03-1993. |
| Summary |
This case revolves around an appeal filed by the Municipal Committee of Nowshera City against the Labour Court's ex parte order reinstating Muhammad Jahangir Khan. The case highlights the principles of fair hearing, the necessity of allowing both parties an opportunity to present their case, and the importance of deciding cases based on merits. The court's ruling emphasizes that even if there are procedural shortcomings, justice must prevail, and parties should not be penalized for circumstances beyond their control. This case serves as a reminder of the legal standards concerning the definition of 'workman' under the Industrial Relations Ordinance and the conditions required to bring a grievance petition before the Labour Court. Keywords such as 'Labour Court', 'Industrial Relations Ordinance', 'ex parte order', and 'merits of the case' are crucial for understanding the legal implications and the context of this decision. |
| Court |
Labour Appellate Tribunal, N.W.F.P.
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE ABDUR REHMAN KHAN
|
| Lawyers |
Hamid Farooq Durrani,
Fazli Rabi Dard
|
| Petitioners |
MUNICIPAL COMMITTEE, NOWSHERA CITY
|
| Respondents |
MUHAMMAD JAHANGIR KHAN
|
| Citations |
1993 SLD 1417,
1993 PLC 617
|
| Other Citations |
PLD 1986 Pesh. 81,
1982 PLC 914
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
25-A
|