| Case ID |
d7582902-ff0c-4bc2-bae3-ee881ea491b2 |
| Body |
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| Case Number |
FD-498 of 1985 |
| Decision Date |
Nov 30, 1985 |
| Hearing Date |
Nov 24, 1985 |
| Decision |
The order dated 10-7-1985 recorded by the learned Presiding Officer of Punjab Labour Court No. 4, Faisalabad, allowing the respondent's grievance petition to be withdrawn with permission to bring a fresh one, was deemed illegal and without jurisdiction. The Labour Court had no authority to permit the withdrawal based solely on the fact that the grievance petition was presented by a lawyer and not by the respondent himself, who was incarcerated. The appeal was treated as a revision because the impugned order was not a decision under section 25-A, and thus no appeal could be filed. Consequently, the case was remanded for proper disposal according to law. |
| Summary |
This case revolves around the Labour Appellate Tribunal's decision regarding the withdrawal of a grievance petition under the Industrial Relations Ordinance. The Labour Court had allowed the withdrawal without a proper application, which raised jurisdictional concerns. The case highlights the importance of proper legal representation and the procedural requirements for withdrawing petitions. The decision emphasizes that the presence of a lawyer does not negate the need for the petitioner's consent, especially when the petitioner is unable to appear due to incarceration. This case serves as a crucial reference for understanding the legal framework surrounding grievance petitions in the context of labor law. Keywords include 'Labour Appellate Tribunal', 'Industrial Relations Ordinance', 'grievance petition', 'jurisdiction', and 'legal representation'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Saleem Baig,
Nemo
|
| Petitioners |
Kohinoor Textile Mills Ltd.
|
| Respondents |
Abdul Wahid
|
| Citations |
1989 SLD 2478,
1989 PLC 912
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A,
37,
38(3-a)
|