| Case ID |
2fb2a58d-ca4e-4794-a65c-b4ab38af9b71 |
| Body |
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| Case Number |
Civil Appeal No. 18 of 1968 |
| Decision Date |
Jan 09, 1973 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the appeal, ruling that the provisions of the Pakistan Essential Services (Maintenance) Act, 1952 do indeed oust the jurisdiction of the Industrial or Labour Court to adjudicate on disputes regarding employment classes declared essential by the Act. The court found that the notification issued by the Central Government on December 8, 1966, barred the Industrial Court from hearing the appellant's application under section 31 of the Ordinance due to the application of section 7-A of the Act. The court concluded that no proceedings were pending at the time of the notification, thus rendering the appeal without merit. |
| Summary |
This case examines the intersection between the Pakistan Essential Services (Maintenance) Act, 1952 and the Industrial Disputes Ordinance, 1959. The key issue was whether the jurisdiction of the Industrial Court was nullified by the Act’s provisions. The appellant, a workman, claimed he was unlawfully dismissed amidst an industrial dispute, which was subject to conciliation efforts. The court noted that the Central Government's notification classifying employment at the bank as essential effectively barred the Industrial Court from adjudicating the dispute. The ruling emphasized the supremacy of the Act over the Ordinance, highlighting the procedural and substantive differences between the two frameworks for resolving industrial disputes. This case is significant for understanding labor rights within the context of essential services legislation and the implications of jurisdictional limitations imposed by government notifications. Keywords include 'industrial dispute', 'essential services', 'jurisdiction', 'labour rights', and 'government notifications'. |
| Court |
Sindh High Court
|
| Entities Involved |
National Bank Of Pakistan
|
| Judges |
Dorab Patel, J
|
| Lawyers |
Mr. Ali Amjad
|
| Petitioners |
|
| Respondents |
3 Others,
Messrs National Bank Of Pakistan, Karachi
|
| Citations |
1973 SLD 417 = 1973 PLC 94
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Essential Services (Maintenance) Act, 1952
|
| Sections |
1,
2,
3,
4,
5,
6,
7,
7-A
|