| Case ID |
d784129a-4205-497a-9509-60ffe81d5988 |
| Body |
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| Case Number |
Constitutional Petition No. 4 of 1981 |
| Decision Date |
Mar 08, 1984 |
| Hearing Date |
Mar 08, 1984 |
| Decision |
The Sindh High Court dismissed the petition filed by Messrs Souvenir Tobacco Co. Ltd., affirming the decisions of the Labour Court and the Sind Labour Appellate Tribunal. The court held that the petitioner could not raise the issue of territorial jurisdiction for the first time in the writ petition since it was not raised before the lower forums. Additionally, the court found that the Labour Court had properly drawn adverse inferences against the petitioner for failing to produce the Inquiry Officer who was alleged to be biased. The court reiterated that the Labour Court had the jurisdiction to examine all facts and pass appropriate orders regarding dismissals, ensuring that justice was served. The ruling emphasized that the Labour Court's findings were consistent with established legal principles and that the petitioner's dismissal was lawful. |
| Summary |
This case involves a constitutional petition filed by Souvenir Tobacco Co. Ltd. against the orders of the Sind Labour Court regarding the dismissal of an employee. The court addressed various legal principles, including the discretionary nature of constitutional jurisdiction and the importance of raising jurisdictional objections at the appropriate time. The case highlights the significance of procedural fairness in labor disputes and the obligations of employers to substantiate their claims in dismissal cases. It underscores the role of the Labour Court in reviewing dismissals to ensure they align with legal standards, providing a vital check against potential abuses by employers. This case is pivotal in understanding labor rights, procedural justice, and the boundaries of judicial review in employment matters. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
AJMAL MIAN, J
|
| Lawyers |
Nizam Ahmed,
Ali Amjad
|
| Petitioners |
Messrs SOUVENIR TOBACCO Co. Ltd.
|
| Respondents |
others,
SIND LABOUR COURT No.2
|
| Citations |
1987 SLD 1265,
1987 PLC 605
|
| Other Citations |
Sind Alkalis Limited v. Presiding Officer, I V Sind Labour Court and 2 others 1983 P L C 119,
Sind Alkalis Limited v. IV Sind Labour Court, Karachi and others 1983 P L C 1220,
Abdullah and 3 others v. Abdul Karim and others P L D 1968 SC 140,
Malik Din and another v. Muhammad Aslam P L D 1969 S C 136,
Sui Gas Transmission Co. Ltd. v. The Islamic Republic of Pakistan and 2 others P L D 1959 S C 66,
Pakistan Petroleum Workers' Federation, Karachi v. Burmah Shell Oil Storage and Distributing Company of Pakistan Ltd., Karachi and others P L D 1961 S C 479,
Messrs National & Grindlays Bank Ltd. Karachi v. Homi F. Behrana and others P L D 1979 Kar. 692,
Grindlays Bank Limited v. Rai Abdul Razak Khan and others 1981 S C M R 441,
Pakistan Tobacco Co. Ltd. v. Channan Khan and others 1980 P L C 981,
Imdad Ali v. Sind Labour Appellate Tribunal and another P L D 1975 Kar. 288,
Ahmad Hadi Shah and others v. Rashid Textile Mills Ltd. Karachi and another P L D 1976 Kar. 799,
Crescent Jute Products Ltd., Jaranwala v. Muhammad Yaqub, etc. PLD 1978 S C 207,
Mst. Khairunissa and others v. Malik Muhammad Ishaq and 2 others P L D 1972 S C 25
|
| Laws Involved |
Constitution of Pakistan (1973),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
199,
47(2),
25-A
|