| Case ID |
3a99d734-2983-42ca-8982-0e60776642cb |
| Body |
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| Case Number |
Civil Appeal No. 6 of 1957 |
| Decision Date |
Mar 06, 1957 |
| Hearing Date |
Mar 04, 1957 |
| Decision |
The Supreme Court of Pakistan ruled that the Tribunal appointed under the Industrial Disputes Act exercises judicial powers of the State and its award is subject to correction by the Supreme Court. The Court found that the dismissal of the employees was not justified as the strike was legal but not justified, and therefore the employer had the right to dismiss the striking employees. Additionally, the Tribunal went beyond its jurisdiction by ordering payment of wages for the period of the lock-out, as the legality of the lock-out was not referred to it. The appeal was allowed, and the award of the Tribunal was set aside, leaving the parties to bear their own costs. |
| Summary |
This case revolves around an appeal made by Remington Rand of Pakistan Ltd. against the award of an Industrial Tribunal that directed the reinstatement of 45 dismissed employees. The Supreme Court of Pakistan, in its judgment, emphasized the judicial nature of the Tribunal's powers under the Industrial Disputes Act, asserting that its decisions are subject to review. The Court examined the legality of the strike and the dismissal of the employees, ultimately ruling that while the strike was legal, the employer retained the right to dismiss employees for unjustified actions. The case highlights significant aspects of labor rights, industrial disputes, and the authority of tribunals in Pakistan. Keywords such as 'Industrial Disputes Act', 'Supreme Court of Pakistan', 'employee rights', and 'judicial review of tribunal awards' are crucial for SEO optimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Islamic Republic of Pakistan,
Remington Rand of Pakistan Ltd.,
Remington Rand Employees Union
|
| Judges |
MUHAMMAD MUNIR, C. J.,
M. SHAHABUDDIN,
A. R. CORNELIUS,
MUHAMMAD SHARIF,
AMIRUDDIN AHMAD
|
| Lawyers |
Muhammad Fazlur Rahman, Advocate,
Faiyaz Ali, Attorney General for Pakistan,
Abdul Haque, Advocate,
Abdur Rauf, Advocate,
Mushtaq Ahmad Khan
|
| Petitioners |
REMINGTON RAND OF PAKISTAN, LTD.
|
| Respondents |
THE ISLAMIC REPUBLIC OF PAKISTAN,
MANZOOR ALAM, INDUSTRIAL TRIBUNAL,
REMINGTON RAND EMPLOYEES UNION (REGD.)
|
| Citations |
1957 SLD 3,
1957 PLD 170
|
| Other Citations |
Muhammad Saeed and others v. Election Petitions Tribunal and others P L D 1957 S C (Pak.) 91
|
| Laws Involved |
Industrial Disputes Act, (XIV of 1947)
|
| Sections |
10,
15,
12,
20,
22,
33
|