| Case ID |
d4b7c5a5-1830-4782-b504-8a28d468fb36 |
| Body |
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| Case Number |
KAR-8 and 17 of 1987 |
| Decision Date |
Apr 12, 1987 |
| Hearing Date |
|
| Decision |
The Labour Appellate Tribunal decided to set aside the orders of the Sind Labour Court No. IV, Karachi, which had dismissed the grievance petitions of the appellants. The Tribunal found that the Labour Court had erred in dismissing the petitions based on the legal objections raised by the respondent corporation regarding jurisdiction. The appeals were allowed, and both cases were remanded to the Labour Court for a decision on the merits of the grievances presented by the employees. The Tribunal emphasized the need for the Labour Court to adjudicate on the merits of the case within two months. |
| Summary |
In the case of KAR-8 and 17 of 1987, the Labour Appellate Tribunal, Sindh, addressed the appeals filed by Muhammad Afsar and another against Karachi Transport Corporation. The central issue was the applicability of the West Pakistan Essential Services (Maintenance) Act, 1958, and whether the Labour Court had jurisdiction to hear grievances submitted under the Industrial Relations Ordinance, 1969. The Tribunal found that the Labour Court had incorrectly dismissed the grievances on legal grounds, asserting that it should have considered the merits of the case. The decision underscores the importance of jurisdictional clarity in labor disputes and the rights of employees to seek redress. The case highlights the intersection of labor law and statutory provisions, making it a significant reference for future labor-related cases. Keywords such as 'Labour Appellate Tribunal', 'jurisdiction', and 'employee rights' are essential for understanding the legal implications of this decision. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Sind Transport Corporation
|
| Judges |
Ali Namaz Budhani
|
| Lawyers |
Muhammad Ashraf Khan,
Azmatullah Khan
|
| Petitioners |
Another Appellant,
Muhammad Afsar
|
| Respondents |
Karachi Transport Corporation, Karachi
|
| Citations |
1988 SLD 595,
1988 PLC 321
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Essential Services (Maintenance) Act, 1958,
Industrial Relations Ordinance, 1969
|
| Sections |
5,
25-A,
38(3)
|