| Case ID |
42a7eb80-373c-43ed-80c2-fe4da6ddfe4d |
| Body |
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| Case Number |
KAR-380 of 1977 |
| Decision Date |
Dec 15, 1977 |
| Hearing Date |
Dec 15, 1977 |
| Decision |
The Labour Appellate Tribunal, Sindh, ruled that the newly added sub-clause (3-A) to section 38 of the Industrial Relations Ordinance, 1969, which pertains to procedural law, can be applied retrospectively. The Tribunal found that the earlier orders dismissing the applicant's case were made in error due to improper service of summons and the absence of the applicant's attorney in court. The Tribunal set aside the orders dated 17th March 1976 and 12th April 1976, remanding the case back to the lower court for proper adjudication in accordance with the law. This decision highlights the importance of procedural fairness in legal proceedings, especially in labor disputes. |
| Summary |
In the case of Muhammad Javed Iqbal vs. Messers Presiding Officer, Sind Labour Court No. V, Karachi, the Labour Appellate Tribunal adjudicated on the procedural aspects of the Industrial Relations Ordinance, 1969. The applicant, a Senior Assistant dismissed for misconduct, contested the dismissal citing improper service of summons and the absence of his attorney during critical hearings. The Tribunal emphasized that procedural laws, particularly section 38(3-A), allow for retrospective application to correct past injustices. The ruling underscores the Tribunal's commitment to ensuring fair legal representation and due process in labor disputes, thereby reinforcing the rights of workers in Sindh. The case sets a precedent for future labor-related legal proceedings, stressing the significance of adhering to procedural norms and the implications of attorney representation in court. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Messrs Norwich Union Fire Insurance Society Ltd.
|
| Judges |
H. T. RAYMOND,
MUHAMMAD JAVED IQBAL
|
| Lawyers |
Malik Muhammad Saeed,
Syed Iqbal Ahmad
|
| Petitioners |
Muhammad Javed Iqbal
|
| Respondents |
ANOTHER,
Messers Presiding Officer, Sind Labour Court No. V, Karachi
|
| Citations |
1979 SLD 960,
1979 PLC 204
|
| Other Citations |
P L D 1962 Kar. 21
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
38(3-A)
|