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2010 PLC 483

PEARL CONTINENTAL HOTEL KARACHI WORKERS UNION vs MEMBER, N.I.R.C. and another

Citation2010 PLC 483
CourtSupreme Court of Pakistan
Case No.Civil Appeal No,1661 of 2008
Date2010-04-07
Judge(s)Khilji Arif Hussain, Iftikhar Muhammad Chaudhry, Khalil-ur-Rehman
ResultOrder accordingly

ORDER

1. ' We have heard the learned counsel for the parties. During the arguments, it transpired that no sooner the status quo order passed by NIRC dated December, 13, 2001 was vacated by the learned High Court of Sindh on 16th January, 2002 services of workers/appellant union were terminated. In the meanwhile, learned Full Bench of High Court Sindh had announced the judgment holding that in respect of registration of the Union, NIRC had no jurisdiction. The appellant approached the Labour Court under section 25-A of the Industrial Relations Ordinance, 1969. Except the case of one worker remaining cases are still pending on the file of the Labour Court for final decision and reportedly arguments have been heard and the judgment is likely to be pronounced. As far as one of the workers, whose case has been dismissed by the Labour Court had approached the Labour Appellate Tribunal, Karachi.

2. ' In view of the matter, we inquired from learned counsel for the appellant, as to whether in changed circumstances of the case, the instant proceedings have become infructuous, he conceded and stated that question raised by him, required to be adjudicated upon for determination of the future jurisdiction of the NIRC. The same was the opinion of learned counsel for the respondents. However, when we pointed out to them that in view of the circumstances put forth herein before there is no live issue as workers/appellants themselves have approached the Labour Court. On this, he stated that the case be disposed of with the observation that let the Labour Court decide the same expeditiously within a period of one month and same direction should be given to the Sindh Labour Appellate Trihunal, without being influenced in any manner from the impugned judgment in this appeal dated 13-3-2002. Learned counsel for the respondent has no objection. In view of the above the Appeal is disposed of accordingly.

3. ' Let the Labour Court as well as Labour Appellate Tribunal dispose of the case expeditiously without being influenced in any manner from the impugned judgment dated 13-3-2002, within a period of one month and judgment should be sent to the Registrar of this Court for our perusal in Chambers.

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