| Case ID |
319c6495-98eb-4c33-8877-a1398b106048 |
| Body |
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| Case Number |
KAR-432 of 1993 |
| Decision Date |
Sep 08, 1993 |
| Hearing Date |
Sep 01, 1993 |
| Decision |
The appeal was dismissed in limine due to the finality of the earlier decisions. The appellant was previously dismissed from service after being involved in a gold smuggling case and had sought remedy through earlier grievance petitions, which were dismissed. The Tribunal found no fresh cause of action despite the appellant's acquittal in the criminal case. The court emphasized that the Industrial Relations Ordinance only allows for one grievance notice followed by a petition, and since this remedy was previously sought, the matter was deemed final. |
| Summary |
The case revolves around an industrial dispute where the appellant, a Senior Technician with Pakistan International Airlines, was dismissed from service due to his involvement in a gold smuggling case. Despite being acquitted of criminal charges later, attempts to file fresh grievances were rejected based on the principle of finality in legal proceedings under the Industrial Relations Ordinance of 1969. The Labour Appellate Tribunal upheld prior court decisions, emphasizing the limitations of grievance submissions and the necessity of adhering to established legal procedures. This case highlights the complexities of employment law and the importance of following procedural rules in labor disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan International Airlines Corporation
|
| Judges |
AGHA ALI HYDER,
DILSHAD MUHAMMAD
|
| Lawyers |
M.M. Jeelani
|
| Petitioners |
M/s. PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI
|
| Respondents |
Not available
|
| Citations |
1994 SLD 512,
1994 PLC 76
|
| Other Citations |
Muhammad Rafique v. State 1982 SCMR 1047
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
Not available
|