| Case ID |
2c05e20e-6690-44ac-a22a-642b79b27492 |
| Body |
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| Case Number |
MN-189 of 1984 |
| Decision Date |
Aug 15, 1984 |
| Hearing Date |
Aug 05, 1984 |
| Decision |
The application for contempt of court was dismissed as the petitioner failed to provide necessary details regarding the remaining amount owed. The petitioner received partial payment but did not formally request the balance from the respondent. The court found that the lack of communication could imply satisfaction with the payment made, thus no contempt was established. |
| Summary |
In the case before the Labour Appellate Tribunal of Punjab, the petitioner, Abdul Aziz, sought to initiate contempt proceedings against the Divisional Manager of the Utility Stores Corporation for non-payment of back benefits. The case revolves around the application of Section 38(5) of the Industrial Relations Ordinance, which pertains to contempt of court. The petitioner claimed entitlement to Rs. 26,000 but had only received Rs. 12,650.97. The tribunal noted that the petitioner did not make any formal request for the remaining balance nor provided adequate details regarding the amount owed. The judgment highlighted the importance of prior communication with the respondent before pursuing contempt proceedings. The tribunal ultimately dismissed the application, emphasizing that the petitioner’s silence could be construed as acceptance of the payment received. This case underscores the critical need for clear communication in labor disputes and the procedural requirements for claiming contempt of court for unpaid dues. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Zafar Saleem
|
| Petitioners |
Abdul Aziz
|
| Respondents |
Divisional Manager, Utility Stores Corporation of Pakistan Ltd. Lahore
|
| Citations |
1985 SLD 2393,
1985 PLC 222
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
38(5)
|