| Case ID |
d5861687-32a5-40fb-bc78-7b1f1712c09f |
| Body |
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| Case Number |
C.P. No.738 of 2020 |
| Decision Date |
Aug 31, 2020 |
| Hearing Date |
Aug 13, 2020 |
| Decision |
The High Court dismissed the constitutional petition filed by the petitioner, Asmatullah, challenging the eligibility of a person to hold office within the All Pakistan WAPDA Hydro Workers Union. The court ruled that since there was an alternate remedy available under the Industrial Relations Act, 2012, specifically the right to appeal against the decision made by the National Industrial Relations Commission, the constitutional petition was not maintainable. The court emphasized that the choice to invoke constitutional jurisdiction as an alternate remedy was not at the discretion of the parties involved, and the petitioner had the option to pursue the appeal process provided by the relevant law. Consequently, the case was dismissed in limine due to the availability of an adequate legal remedy. |
| Summary |
In the case of C.P. No.738 of 2020, the Balochistan High Court addressed a constitutional petition filed by Asmatullah, who contested the eligibility of a person to serve as an office bearer within the All Pakistan WAPDA Hydro Workers Union. The petitioner argued that the notification issued by the respondent was illegal and sought the court's intervention. However, the court found that there was an adequate alternate remedy available under the Industrial Relations Act, 2012, which allowed the petitioner to appeal the decision of the National Industrial Relations Commission, thereby dismissing the petition. This case highlights the importance of exhausting available legal remedies before seeking constitutional relief, reinforcing the principle that constitutional jurisdiction should only be invoked when no other adequate remedy is provided by law. |
| Court |
Balochistan High Court
|
| Entities Involved |
National Industrial Relations Commission,
All Pakistan WAPDA Hydro Workers Union
|
| Judges |
Jamal Khan Mandokhail, CJ,
Abdul Hameed Baloch, J
|
| Lawyers |
Shahid Javed
|
| Petitioners |
ASMATULLAH
|
| Respondents |
ALL PAKISTAN WAPDA HYDRO WORKERS UNION, BALOCHISTAN (CBA) WAPDA HOUSE LAHORE
|
| Citations |
2024 SLD 2613,
2024 PLC 46
|
| Other Citations |
Mst. Kaniz Fatima v. Muhammad Salim 2001 SCMR 1493,
Mir Zaman v. Mst. Sheda 2000 SCMR 1699
|
| Laws Involved |
Industrial Relations Act, 2012,
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
31,
58,
11,
199
|