| Case ID |
3d4d6a0a-0b3d-4bef-8fc2-aeec938ab6b5 |
| Body |
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| Case Number |
D-732 of 1986 |
| Decision Date |
Sep 18, 1986 |
| Hearing Date |
Sep 18, 1986 |
| Decision |
The Sindh High Court dismissed the petition in limine, stating that the petitioner, Karachi Transport Workers Union, had no justification to interfere with the general instructions issued by the employer. The court ruled that if any employee felt aggrieved by actions taken against them individually, they could seek remedy through appropriate legal channels. The court also noted that the mere issuance of charge-sheets under the Pakistan Essential Services (Maintenance) Act does not warrant judicial intervention until final action is taken against the employees involved. Hence, the existing petition was not sustainable. |
| Summary |
The case of Karachi Transport Workers Union vs. Karachi Transport Corporation Ltd. revolves around the legal principles governing writ jurisdiction in labor matters as outlined in the Constitution of Pakistan (1973) and the Pakistan Essential Services (Maintenance) Act (LIII of 1958). The Sindh High Court addressed the issue of general instructions issued by the employer and the validity of charge-sheets issued to employees. The court emphasized the importance of allowing employees to respond to charge-sheets before seeking judicial intervention. The decision reinforces the limitations of writ jurisdiction in labor disputes and upholds the principle that employees must first exhaust available remedies before approaching the court. This case is significant for understanding the balance between employer instructions and employee rights within the framework of Pakistani labor law, making it a crucial reference point for future labor-related petitions. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Transport Workers Union,
Karachi Transport Corporation Ltd.
|
| Judges |
MUHAMMAD ZAHOORUL HAQ,
K. A. GHANI
|
| Lawyers |
Muhammad Shibli
|
| Petitioners |
KARACHI TRANSPORT WORKERS UNION
|
| Respondents |
others,
KARACHI TRANSPORT CORPORATION Ltd.
|
| Citations |
1987 SLD 1180,
1987 PLC 456
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Pakistan Essential Services (Maintenance) Act (LIII of 1958)
|
| Sections |
199
|