| Case ID |
32207405-4bdc-4267-b0c1-f7e51b568122 |
| Body |
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| Case Number |
Hyd.-428 of 1989 |
| Decision Date |
Jan 14, 1990 |
| Hearing Date |
|
| Decision |
The Revision Application was dismissed by the Labour Appellate Tribunal. The Tribunal found that the Labour Court had remanded the case for retrial due to the respondent not being given a proper opportunity to defend the case. The Tribunal ruled that the appeal was maintainable as the required certificate under section 17 of the Payment of Wages Act was produced by the respondent before the appeal was admitted. The Tribunal noted that the Authority's directive for the respondent to deposit the amount within thirty days did not carry legal consequences for violation, and the Labour Court provided sufficient reasons for remanding the case. Overall, the Tribunal saw no grounds for interference in the Labour Court's decision. |
| Summary |
In the case of Revision Application No. Hyd.-428 of 1989, the Labour Appellate Tribunal, Sindh addressed the legal issues surrounding the Payment of Wages Act and the Industrial Relations Ordinance. The primary focus was on the appeal process regarding gratuity and notice pay claims by workers. The Tribunal found that the Labour Court rightfully remanded the case for retrial, allowing for a fair opportunity for the respondent to present their defense. The decision emphasized the importance of compliance with procedural requirements under the Payment of Wages Act, particularly concerning the filing of necessary certificates. Key legal principles from the Industrial Relations Ordinance and the Payment of Wages Act were examined, reinforcing the Tribunal's commitment to upholding workers' rights and ensuring due process in labor disputes. This case highlights the significance of legal representation in labor matters and the Tribunal's role in maintaining fair judicial processes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
|
| Judges |
AHMED ALI U. QURESHI,
MUHAMMAD YAR GHORI
|
| Lawyers |
Wahid Bux,
Muhammad Shafi
|
| Petitioners |
MAQSOOD ALI
|
| Respondents |
|
| Citations |
1991 SLD 1607,
1991 PLC 468
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
Payment of Wages Act, 1936
|
| Sections |
38(3-a),
17
|