| Case ID |
e20f30ad-f659-452b-a249-5d50734d4328 |
| Body |
View case body. Login to View |
| Case Number |
D-145 of 1997 |
| Decision Date |
May 16, 1998 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition in limine on the grounds that the petitioner, if deemed a laborer, must seek remedy from the Labour Court, and if he claims to be a civil servant, the remedy lies with the Service Tribunal. The court noted that where the jurisdiction of the Labour Court or the Service Tribunal extends, the jurisdiction of the High Court is not available under Article 199 of the Constitution of Pakistan. Furthermore, it was established that the petitioner was involved in misappropriating company funds, leading to his dismissal. The court emphasized that the petitioner had not exhausted the remedies available under Labour Laws and that his claims were not maintainable in the High Court. |
| Summary |
In the case of Irshad Ahmed vs. The General Manager, the Sindh High Court dealt with a constitutional petition concerning the dismissal of an employee from Rohri Cement Factory. The court examined the jurisdictional limits under the Constitution of Pakistan, particularly Articles 199 and 212, which delineate the scope of the High Court's authority in service matters and industrial disputes. The court concluded that the petitioner must pursue remedies through the Labour Court or the Service Tribunal, depending on whether he was classified as a laborer or a civil servant. The case highlighted the importance of adhering to established legal procedures and the proper forum for redress of grievances related to employment disputes. The court's dismissal of the petition underscores the principle that the High Court's jurisdiction is limited when alternative remedies are available. The ruling reinforces the need for individuals to understand their legal rights and the appropriate legal avenues to address employment-related issues. |
| Court |
Sindh High Court
|
| Entities Involved |
Rohri Cement Factory
|
| Judges |
ALI MUHAMMAD BALOCH,
ABDUL GHANI SHAIKH
|
| Lawyers |
Abdul Qadir Abro,
Nazir Ahmed Awan,
Shaikh Abdul Ghani
|
| Petitioners |
IRSHAD AHMED
|
| Respondents |
,
THE GENERAL MANAGER
|
| Citations |
1998 SLD 1575,
1998 PLC 1247
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
212
|