| Case ID |
eb25eee5-ce47-4436-9c7d-468d55abc1ae |
| Body |
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| Case Number |
Labour Appeal No.40 of 2013 |
| Decision Date |
Mar 20, 2014 |
| Hearing Date |
Mar 17, 2014 |
| Decision |
The appeal was dismissed, and the order of the Labour Court was upheld. It was determined that the jurisdiction of the courts was validly agreed upon by the parties, as per the contract stipulating that any legal proceedings must be initiated at Karachi. The court emphasized that the terms of the agreement, including the clause regarding jurisdiction, were enforceable under the law. The decision also clarified that the provisions of the Contract Act regarding the ouster of jurisdiction were not violated, as the parties had mutually consented to the jurisdiction of a specific court. The case highlighted the importance of adhering to the contractual terms agreed upon by both parties, especially regarding the initiation of legal proceedings. |
| Summary |
This case revolves around the appeal filed by Moula Dad against the order of the Labour Court regarding his termination from NABI QASIM INDUSTRIES (PVT.) LTD. The appeal was based on the argument that the jurisdiction stipulated in the original contract was no longer applicable after his promotion. However, the Labour Appellate Tribunal upheld the original decision, reinforcing the validity of contractual terms regarding jurisdiction. The case underscores key principles related to employment law, jurisdictional agreements, and the enforceability of contract terms. It highlights the legal framework under the Balochistan Industrial Relations Act, the Civil Procedure Code, and the Contract Act, particularly focusing on sections that dictate how disputes should be resolved and the conditions under which legal proceedings are initiated. The ruling is significant for understanding the balance between contractual agreements and employee rights within the framework of labor laws in Pakistan. |
| Court |
Labour Appellate Tribunal, Balochistan
|
| Entities Involved |
NABI QASIM INDUSTRIES (PVT.) LTD.
|
| Judges |
ABDUL GHIAS NOUSHERWANI
|
| Lawyers |
Arbab Tahir,
Syed Asif Shah
|
| Petitioners |
MOULA DAD
|
| Respondents |
GENERAL MANAGER (MARKETING), NABI QASIM INDUSTRIES (PVT.) LTD.
|
| Citations |
2014 SLD 2652,
2014 PLC 278
|
| Other Citations |
1992 SCMR 1174,
2004 MLD Karachi 662
|
| Laws Involved |
Balochistan Industrial Relations Act,
Civil Procedure Code,
Contract Act
|
| Sections |
41,
54,
V of 1908, O.VII, R.10,
S.28
|