| Case ID |
f89357c3-2732-4f90-a7ea-cee50707fc87 |
| Body |
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| Case Number |
S-87 of 1978 |
| Decision Date |
Jan 14, 1981 |
| Hearing Date |
Nov 01, 1980 |
| Decision |
The Sindh High Court dismissed the writ petition filed by Obaidullah Khan challenging the orders of the Junior Labour Court and Labour Court regarding his claims for dues and reinstatement. The court found that the claims were based on verbal commitments without documentary proof, leading to their rejection by the lower courts. The petitioner failed to provide sufficient evidence to substantiate his claims, which were also delayed by approximately three years, thus falling short of the required diligence. The court emphasized that the special discretionary jurisdiction does not allow for interference with concurrent findings of fact made by lower courts without clear misreading of evidence. |
| Summary |
In the case of Obaidullah Khan vs. The Labour Court No. 5, Karachi, the petitioner sought to challenge the decisions of the Junior Labour Court regarding unpaid dues and reinstatement in service. The primary legal frameworks involved were the Constitution of Pakistan and the Industrial Relations Ordinance. The petitioner claimed his dues were based on verbal commitments regarding salary increments and bonuses, but failed to present any documentary evidence to support his claims. The courts below found the claims unsubstantiated and dismissed them. The High Court reiterated that it could not interfere with the factual findings of lower courts without substantial evidence of misreading. The case highlights the importance of documentary proof in labor disputes and the need for timely action in legal claims. Keywords: labor law, constitutional law, Sindh High Court, Industrial Relations Ordinance, legal representation, due diligence. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
B.G. N. KAZI, J
|
| Lawyers |
Latifur Rehman Sarwari
|
| Petitioners |
Obaidullah Khan
|
| Respondents |
2 OTHERS,
THE LABOUR COURT No. 5, KARACHI
|
| Citations |
1981 SLD 2189,
1981 PLC 321
|
| Other Citations |
Koh-e-Noor Battries Manufacture Co. v. Lal Muhammad and another 1975 P L C 196,
Abdul Farrukh v. The Presiding Officer, Junior Labour Court and 2 others P L D 1978 Kar. 867,
S. I T. E. Ltd. v. 1st Assistant Judge, Hyderabad P L D 1960 Kar. 826,
Standard Vacuum Oil Company v. The Trustees of Port of Chittagong P L D 1961 Dacca 288,
Akhtaruddin Jan v. Province of East Pakistan and others P L D 1963 Dacca 1001,
Mukhtar Hussain v. The District Manager, Provincial Transport Service, Lyallpur and Others P L D 1976 Lab. 258,
Mubarak Ali and others v. The Settlement & Rehabilitation Commissioner and others P L D 1966 Lah. 903,
Muhammad Hafeezullah v. Ghulam Yasin and 2 others 1970 S C M R 41,
The State of Pakistan v. Abdul Dayyan Khan 1972 S C M R 693
|
| Laws Involved |
Constitution of Pakistan (1973),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
Art. 199,
S. 25-A
|