| Case ID |
2b56e486-f527-40a9-9182-480f7f5c0a66 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. S-73 of 1982 |
| Decision Date |
Sep 05, 1982 |
| Hearing Date |
Aug 23, 1982 |
| Decision |
The Sindh High Court dismissed the petition filed by Sind Alkalis Ltd. challenging the territorial jurisdiction of Labour Court No. IV. The court held that the objection regarding territorial jurisdiction should have been raised at the earliest possible stage, which was not done. The court also distinguished between lack of territorial jurisdiction and lack of inherent jurisdiction, emphasizing that the latter renders an order void ab initio. The decision underscored that the proceedings of Labour Court No. IV were valid despite the petitioner's claims regarding jurisdiction, as the grievance petition filed by the respondent was properly triable by a Labour Court. Therefore, the evidence recorded by Labour Court No. IV could not be expunged simply due to the alleged territorial jurisdiction issue. |
| Summary |
This case involves a constitutional petition filed by Sind Alkalis Ltd. against the Presiding Officer of the IV Sind Labour Court regarding issues of territorial jurisdiction. The petitioner claimed that the Labour Court lacked jurisdiction because the cause of action arose at the Head Office located in Karachi, which fell under the jurisdiction of Labour Court No. V. The court's decision highlighted important principles of jurisdiction, distinguishing between inherent and territorial jurisdiction. The ruling reiterated that an authority's erroneous assumption of territorial jurisdiction does not nullify its orders unless there is a lack of inherent jurisdiction. The court upheld the validity of the proceedings conducted by Labour Court No. IV despite the objections raised by the petitioner. This case is significant for understanding jurisdictional issues within labor law and the implications of procedural objections raised at various stages of litigation. The decision reinforces the importance of timely objections to jurisdiction and clarifies the legal framework surrounding labor disputes, making it a pivotal case for labor law practitioners. |
| Court |
Sindh High Court
|
| Entities Involved |
Labour Appellate Tribunal,
SIND ALKALIS LTD.,
PRESIDING OFFICER, IV SIND LABOUR COURT
|
| Judges |
FAKHRUDDIN H. SHAIKH, J
|
| Lawyers |
Mamoon Kazi for Petitioner,
Nemo for Respondents Nos. 1 and 3,
Ali Amjad for Respondent No. 2
|
| Petitioners |
SIND ALKALIS LTD.
|
| Respondents |
2 OTHERS,
PRESIDING OFFICER, IV SIND LABOUR COURT
|
| Citations |
1983 SLD 1323,
1983 PLC 119
|
| Other Citations |
Messrs Habib Bank Ltd., Gujranwala v. Khalid Javed and 2 other 1973 P L C 144,
S. A. Latif v. Nadir Khan P L D 1968 Lah. 144,
Ahmad & Co. v. Muhammad, Siddique (P L D 1965 Kar. 293)
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
36,
25-A,
20,
21,
199
|