| Case ID |
2a0d7435-7017-4e98-b32a-df8d893d81c5 |
| Body |
View case body. Login to View |
| Case Number |
NOXAR 143 of 1999 |
| Decision Date |
Oct 18, 1999 |
| Hearing Date |
|
| Decision |
This Tribunal finds that the appellant, Syed Mustafa Ali Sard, failed to file the grievance petition within the appropriate jurisdiction and timeframe as established by the Service Tribunals Act, 1973. The appellant's reliance on the Industrial Relations Ordinance, 1969, was misplaced, leading to an excessive delay of over one year in filing the appeal. The Tribunal acknowledges the appellant's arguments but upholds the dismissal by the Sindh Labour Court, confirming that the Service Tribunal holds exclusive jurisdiction over such grievances. Consequently, the appeal is dismissed as it lacks merit and jurisdictional standing. |
| Summary |
In the case of Syed Mustafa Ali Sard versus the President, Council of the Institute of Chartered Accountants, adjudicated by the Labour Appellate Tribunal, Sindh on October 18, 1999, the main issue centered on the appropriateness and timeliness of filing a grievance petition under the Industrial Relations Ordinance, XXIII of 1969. The appellant, after terminating his service on November 16, 1996, was served a grievance notice but did not file a grievance petition within the prescribed period. Instead, he opted to appeal before the Service Tribunal approximately five months post-termination. This appeal was dismissed by the Service Tribunal due to lack of jurisdiction, as Section 2 A of the Service Tribunals Act, 1973 precluded their authority over disputes involving entities established under federal laws, such as the Chartered Accountants Ordinance, 1961. The appellant then filed a grievance petition under Section 25 A with the Labour Court, which similarly lacked jurisdiction. The Tribunal, led by Chairman Dr. Tanzilur Rehman, upheld the Labour Court's decisions, emphasizing that the Service Tribunal maintained exclusive jurisdiction over such matters post the amendment in June 1997. The appellant was advised to file a fresh appeal with the Service Tribunal if necessary. This case underscores the critical importance of understanding the proper jurisdictional channels and adhering to statutory timelines in employment-related disputes, particularly within the framework of federal and provincial legislative acts. The decision serves as a precedent, reinforcing the sovereignty of the Service Tribunal in cases involving federal entities and their employees under the Service Tribunals Act. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Industrial Relations Ordinance, 1969,
Labour Court,
Service Tribunal,
Federal Service Tribunal,
Service Tribunals Act, 1973,
Chartered Accountants Ordinance, 1961
|
| Judges |
DR. TANZILUR REHMAN, CHAIRMAN
|
| Lawyers |
Mr. Sher Afgan
|
| Petitioners |
Syed MUSTAFA ALI SARD
|
| Respondents |
PRESIDENT, COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS
|
| Citations |
2000 SLD 1689,
2000 PLC 639
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, XXIII of 1969,
Service Tribunals Act, 1973,
Chartered Accountants Ordinance, 1961
|
| Sections |
25 A,
2 A,
2 A
|