| Case ID |
42dc6416-b69b-4402-bdad-ea3d0bf74277 |
| Body |
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| Case Number |
Constitutional Petition No. 723 of 1970 |
| Decision Date |
Feb 24, 1981 |
| Hearing Date |
Feb 24, 1981 |
| Decision |
The Sindh High Court found that the Labour Appellate Tribunal had committed a jurisdictional error by refusing to assess the merits of the domestic enquiry regarding the misconduct allegations against the petitioner, Abdul Rashid. The High Court emphasized that the Tribunal possesses the same powers as the Labour Court under the Industrial Relations Ordinance, which allows it to evaluate evidence and arrive at independent conclusions. Consequently, the Court set aside the Tribunal's order and directed that the petitioner's appeal be deemed pending for disposal, ensuring that he is not deprived of his statutory remedy. This ruling reinforces the principle that the Labour Appellate Tribunal must engage with the facts of the case rather than dismiss appeals summarily based on misconceptions of its jurisdiction. |
| Summary |
In the case of Abdul Rashid vs. Sind Labour Appellate Tribunal, the Sindh High Court addressed critical issues regarding the powers of the Labour Appellate Tribunal under the Industrial Relations Ordinance. The petitioner, Abdul Rashid, was dismissed from his position as a waiter at Messrs Sind Club following a domestic enquiry. After his grievance petition was dismissed by the Labour Court, his subsequent appeal to the Labour Appellate Tribunal was also summarily dismissed, leading to his constitutional petition. The High Court ruled that the Tribunal had a duty to assess the evidence and merits of the case, emphasizing the importance of statutory remedies for workers. This case highlights the balance between employer rights and employee protections in Pakistan’s labour laws. The decision is significant for advocates and practitioners in industrial relations, as it clarifies the jurisdictional roles of various tribunals and underscores the necessity for fair hearings in grievance procedures. |
| Court |
Sindh High Court
|
| Entities Involved |
Messrs Sind Club, Karachi,
Sind Labour Court No. 5, Karachi
|
| Judges |
Zaffar Hussain Mirza,
Z. C. Valiant
|
| Lawyers |
M. L. Shahani,
A. A. Sharif
|
| Petitioners |
Abdul Rashid
|
| Respondents |
Others,
Sind Labour Appellate Tribunal
|
| Citations |
1984 SLD 1119,
1984 PLC 386
|
| Other Citations |
Imdad Ali v. Sind Labour Appellate Tribunal P L D 1975 Kar. 288,
Crescent Jute Products Ltd. v. Muhammad Yaqub P L D 1978 S C 207
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973)
|
| Sections |
25-A,
38(3),
199
|