| Case ID |
d63df430-35d4-45c0-9858-25412ffe1506 |
| Body |
View case body. Login to View |
| Case Number |
Revision Petition No. 14 of 1988 |
| Decision Date |
May 15, 1988 |
| Hearing Date |
|
| Decision |
The revision was directed against an order dated 16-12-1987 passed by the learned Additional District Judge, East Karachi, which set aside the order dated 10-11-1987 passed by the learned Senior Civil Judge, Karachi. The case involved a suit for declaration and permanent injunction filed by the respondent. The main issue was whether the suit was barred under the provisions of the Industrial Relations Ordinance. The High Court maintained the order of the First Appellate Court to remand the case back to the Trial Court for a fresh decision on jurisdiction after filing of the written statement and recording of evidence. The revision was disposed of without any order as to costs. |
| Summary |
This case revolves around a revision petition against the decision of the Additional District Judge which set aside the initial ruling of the Senior Civil Judge regarding a suit for declaration and permanent injunction. The central legal question was the jurisdiction over the matter, specifically whether the Labour Court or the Industrial Relations Commission had the authority to adjudicate on the petitions involving the nomination of office-bearers of a trade union. The High Court emphasized the necessity for the Trial Court to reassess the jurisdictional issues after the submission of written statements and any required evidence. This case highlights the complexities within industrial relations law and the procedural intricacies of civil litigation in Pakistan. It also references prior cases to underline the legal precedents relevant to jurisdictional authority in trade union matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, J
|
| Lawyers |
Mirza Muhammad Kazim,
Suleman Habibullah
|
| Petitioners |
S. MUKHTAR AHMED
|
| Respondents |
4 others,
PAKISTAN TELECOMMUNICATION UNION
|
| Citations |
1989 SLD 1679,
1989 PLC 1022
|
| Other Citations |
Abdul Aziz Memon v. Registrar Trade Union 1984 P L C 67,
Muhammad Soomar and others v. N.I.R.C. and others 1987 P L C 782
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Civil Procedure Code (V of 1908)
|
| Sections |
22-8(4)(b),
O.VII, R. 11,
S. 115
|