| Case ID |
42323f6c-ee25-4bc8-bf42-dd6a9603b27b |
| Body |
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| Case Number |
D-3993 of 2011 |
| Decision Date |
Feb 13, 2014 |
| Hearing Date |
Feb 13, 2014 |
| Decision |
The Sindh High Court set aside the order of the Labour Appellate Tribunal and remanded the matter back to the Tribunal for a fresh decision on the merits of the case. The Court found that the Tribunal had failed to properly consider the order of the Labour Court and had incorrectly affirmed the Authority's findings based solely on the applicability of Order VIII, Rule 10 of the Civil Procedure Code. The Court emphasized that the complexities of the Civil Procedure Code should not be strictly applied in labour cases, which are intended to be resolved expeditiously. The Court noted that the relationship between the employer and employee is crucial in labour disputes, and the Authority's dismissal of the petitioner's defense based on the signing of the written statement was unwarranted. The High Court asserted its constitutional jurisdiction to correct errors made by lower authorities and ensure that justice is served in compliance with the law. |
| Summary |
The case of MESSRS AKHTER TEXTILE INDUSTRIES LTD. vs. SINDH LABOUR APPELLATE TRIBUNAL is a significant ruling from the Sindh High Court addressing the intersection of labour law and procedural compliance under the Payment of Wages Act and Civil Procedure Code. The petitioner, represented by Muhammad Humayun, challenged the Labour Appellate Tribunal's decision which had restored an earlier ruling by the Authority under the Payment of Wages Act, allowing the claim of withheld wages by the respondent. The High Court scrutinized the procedural application of Order VIII, Rule 10 of the Civil Procedure Code, determining that its principles were inappropriately applied to the labour context. The Court reaffirmed the necessity for authorities to consider the substantive merits of labour disputes rather than procedural technicalities, emphasizing the importance of expeditious resolution in employment matters. This case underscores the High Court's oversight role in ensuring that lower tribunals adhere to legal standards while addressing the rights of employees and employers alike. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
ABDUL RASOOL MEMON
|
| Lawyers |
Muhammad Humayun,
Ashraf Hussain Rizvi
|
| Petitioners |
MESSRS AKHTER TEXTILE INDUSTRIES LTD.
|
| Respondents |
4 OTHERS,
SINDH LABOUR APPELLATE TRIBUNAL
|
| Citations |
2014 SLD 2721,
2014 PLC 319
|
| Other Citations |
Lawrencepur Woollen and Textile Mills Ltd. v. Government of the Punjab and others 2004 PLC 170,
Muhammad Hussain and others v. Islamic Republic of Pakistan PLD 1991 SC 385,
National Cement Industries Ltd. v. Sindh Labour Appellate Tribunal and others 1981 PLC 561,
Ghulam Mustafa's case 2002 PLC 52
|
| Laws Involved |
Payment of Wages Act,
Industrial Relations Act,
Civil Procedure Code,
Constitution of Pakistan
|
| Sections |
15,
17,
55(4),
O.VIII, R.10,
Art.199
|