| Case ID |
ef1d6c93-304f-4cc9-ad94-ea259b650e5b |
| Body |
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| Case Number |
LHR-485 of 1979 |
| Decision Date |
May 04, 1982 |
| Hearing Date |
May 04, 1982 |
| Decision |
The revision is accepted on the basis that the order dated 21st May 1979, which closed the petitioner's case, was not signed by the Presiding Officer who was in office at the time. An unsigned order is considered invalid and lacks binding force. Since the Presiding Officer at the time of the order was no longer in office, the successor was also not authorized to sign it. Therefore, the Appellate Tribunal has set aside the impugned order and remanded the case for a decision on merits, allowing both parties to present their evidence adequately. |
| Summary |
The case revolves around an appeal against an order from the Punjab Labour Court that closed the petitioner's case due to procedural discrepancies. The primary legal issue was the lack of signature on the order from the Presiding Officer, which rendered it non-binding. The Labour Appellate Tribunal emphasized the importance of procedural integrity and the necessity for proper signatures on judicial orders. This case highlights significant aspects of industrial relations law and the procedural requirements necessary for valid court orders. The ruling underscores the Tribunal's commitment to ensuring that all parties receive a fair opportunity to present their case, thereby reinforcing the principles of justice and due process in labor disputes. The decision serves as a precedent for similar cases, ensuring that technicalities do not hinder the pursuit of justice. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
|
| Judges |
MUHAMMAD ABDUL GHAFOOR KHAN LODHI,
MUHAMMAD RAFIQ
|
| Lawyers |
Malik Muhammad Asghar,
Ismatullah
|
| Petitioners |
|
| Respondents |
REGIONAL MANAGER P. A. D. & S. CORPORATION
|
| Citations |
1984 SLD 1734,
1984 PLC 1172
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance
|
| Sections |
36,
38 (3-a)
|