| Case ID |
3a58c466-ade4-484c-b88d-e928509140eb |
| Body |
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| Case Number |
KAR-277 of 1990 |
| Decision Date |
Apr 10, 1991 |
| Hearing Date |
Mar 20, 1991 |
| Decision |
The Labour Appellate Tribunal has decided to allow the appeal, concluding that the grievance petition filed by the respondent was not maintainable under the Industrial Relations Ordinance, 1969, nor the Standing Orders Ordinance, 1968. The Tribunal noted that the respondent, who was dismissed from service after a domestic enquiry, failed to establish the applicability of the aforementioned laws to his case. The Tribunal emphasized that the Pakistan Council of Scientific and Industrial Research, being a statutory body, operates under its own rules and regulations which are binding. The ruling reiterates the precedent set in previous cases regarding the interpretation of statutory rules versus administrative instructions, confirming that the grievance petition was rightly dismissed by the Sindh Labour Court due to lack of jurisdiction. |
| Summary |
In the case of WAOARUDDIN vs. Pakistan Council of Scientific and Industrial Research (PCSIR), the Labour Appellate Tribunal of Sindh addressed the issue of the maintainability of a grievance petition following the dismissal of an employee. The Tribunal reviewed the statutory framework governing PCSIR and concluded that neither the Industrial Relations Ordinance, 1969, nor the Standing Orders Ordinance, 1968 applied to the case. The Tribunal clarified that the rules framed by PCSIR were statutory in nature and binding, thus the grievance petition was dismissed for lack of jurisdiction. This ruling emphasized the distinction between statutory rules and administrative directives, a critical aspect in labor law. The decision is significant for understanding the applicability of labor laws to statutory bodies and reinforces the legal standards for maintaining grievance petitions in labor disputes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Pakistan Council of Scientific and Industrial Research (PCSIR)
|
| Judges |
AHMED ALI U. QURESHI
|
| Lawyers |
Ali Amjad,
S.P. Lodhi
|
| Petitioners |
WAOARUDDIN
|
| Respondents |
Not available
|
| Citations |
1992 SLD 1003 = 1992 PLC 873
|
| Other Citations |
Muhammad Aslam v. P.C.S.I.R. 1980 PLC 1034,
Subedar Muhammad Asghar v. Mst. Sara Begum and another PLD 1976 SC 435,
Province of West Pakistan v. Din Muhammad PLD 1964 SC 21
|
| Laws Involved |
Industrial Relations Ordinance, 1969,
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Pakistan Council of Scientific and Industrial Research Act, 1973
|
| Sections |
18,
19
|