| Case ID |
4439c886-583f-4c1a-8bca-f22051571648 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeals Nos. 5 |
| Decision Date |
Jun 22, 1985 |
| Hearing Date |
Jun 22, 1985 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to the Utility Stores Corporation against the judgment of the Lahore High Court which dismissed their writ petitions against the orders of a Labour Tribunal. The court noted that the Labour Court's order created complications in implementation and that fundamental jurisdictional points needed examination. The case raised questions of general importance and conflicting judgments in Labour Appellate Tribunals, particularly regarding retrenchment procedures. An interim order was also issued to suspend the operation of the impugned judgments during the pendency of the appeals. |
| Summary |
This case revolves around the retrenchment of employees from the Utility Stores Corporation after a reorganization that reduced supervisory posts. The main legal questions addressed were related to the adherence to the principles of retrenchment, specifically the 'last come, first go' rule. The Labour Court initially ruled in favor of the retrenched employees, leading to a series of appeals culminating in the Supreme Court. The Court acknowledged the importance of the legal principles involved and the conflicting judgments in similar cases, thereby granting leave to appeal. This case highlights the procedural nuances of employment law in Pakistan, particularly in the context of industrial relations and retrenchment, emphasizing the need for clarity in legal interpretations and the application of relevant laws in labor disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH
|
| Lawyers |
Talib Hussain Rizvi, Advocate Supreme Court,
S. Ali Imam Naqvi, Advocate-on-Record,
Syed A.A. Jafri, Advocate-on-Record
|
| Petitioners |
UTILITY STORES CORPORATION
|
| Respondents |
PUNJAB LABOUR APPELLATE TRIBUNAL Lahore High Court and others
|
| Citations |
1985 SLD 1014,
1985 SCMR 1931
|
| Other Citations |
Crescent Jute Products Ltd. Jaranwala v. Muhammad Yaqub and others PLD 1978 S C 207,
Utility Stores Corporation Ltd. v. Mahboob Darul Amin Appeals Nos. 311 to 319 of 1981
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
S. O. 13,
S. 25-A(5)
|