| Case ID |
d8052278-1767-4d1e-902d-5fe3952e1984 |
| Body |
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| Case Number |
Applications Nos. KAR-427 and 428 of 1981 |
| Decision Date |
Dec 09, 1981 |
| Hearing Date |
Nov 30, 1981 |
| Decision |
The Labour Appellate Tribunal found that the dismissal of the grievance petitions by the Labour Court was invalid due to the presence of the petitioners in court on the hearing date. The tribunal ruled that the Labour Court should have recorded the statements of the petitioners instead of dismissing their applications based on the non-filing of affidavits. The tribunal highlighted that there was no specific law requiring the affidavits to be filed at the moment the case was called for hearing. The orders dismissing the grievance petitions were set aside, and the matter was remanded to the Labour Court for a decision on the merits. |
| Summary |
In the case of Mohammad Siddique Rafi and Mohammad Sarfraz vs Messrs Sami Pharmaceuticals Ltd., the Labour Appellate Tribunal of Sindh addressed the procedural issues surrounding the dismissal of grievance petitions under the Industrial Relations Ordinance, 1969. The tribunal noted that both workmen were present in court during the scheduled hearing but were unable to file affidavits due to their representative's commitments in other courts. The tribunal emphasized the importance of allowing the filing of affidavits at any time during the hearing day, rather than strictly adhering to a pre-determined filing time. This ruling reinforces the principle that procedural technicalities should not preclude substantive justice, particularly when parties are present and ready to proceed. The case underscores the necessity for Labour Courts to exercise discretion and consider the circumstances surrounding the non-filing of documents, ensuring that the rights of workers are adequately protected. Overall, the tribunal's decision serves as a critical reminder of the legal standards governing grievance procedures in labor disputes, aiming to balance procedural rigor with equitable outcomes. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Sami Pharmaceuticals Ltd.
|
| Judges |
Z. A. Channa
|
| Lawyers |
Saleem Raza,
Abid Puri
|
| Petitioners |
Mohammad Siddique Rafi,
Mohammad Sarfraz
|
| Respondents |
Messrs Sami Pharmaceuticals Ltd.
|
| Citations |
1982 SLD 1511,
1982 PLC 424
|
| Other Citations |
Shafiullah v. Messrs Globe Textile Mills 1981 P L C 304,
Jannat Textile Mills Ltd. v. Sind Labour Appellate Tribunal P L D 1979 Kar. 725,
Municipal Committee Bahawalpur v. Shaikh Aziz Elahi P L D 1970 S C 506,
Gulzada v. Haji Mohammad Umer and 7 others P L D 1978 Pesh. 170,
Messrs Khawaja Autocars Ltd. v. Syed Abdul Rehman 1980 P L C 1236
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
25-A,
36,
38(3-a)
|