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1984 PLC 614

THE KARACHI ELECTRIC SUPPLY CORPORATION vs SINDH LABOUR APPELLATE

Citation1984 PLC 614
CourtSindh High Court
Judge(s)Abdul Hayee Qureshi, Z.C. Valiani
ResultOrder set aside

1. ' Z. C. VALIANI, J.-Petitioner abovenamed being aggrieved by judgments, dated 16th May, 1978 of the learned Vth Sind Labour Court at Karachi and the judgment, dated 17th February, 1979 of the learned Tribunal, by which respondent No, 2's application under section 25-A of the Industrial Relations Ordinance, 1969 was allowed, has filed the above petition, on the facts and grounds mentioned in above petition.

2. ' The learned Advocate for the petitioner in support of the above pea-lion relied upon cases reported in Pakistan Burmah-Shell Ltd. v. Central Labour Commissioner and 5 others and PLD 1982 SC 113, by which the Full Bench decision of this Court was approved by the Hon'ble Supreme Court and submitted that the decisions of learned respondent No, I and Vth Sind Labour Court at Karachi, in respect of respondent No, 2's application under section 25-A of the Industrial Relations Ordinance, 1969, are contrary to the law laid down by Full Bench of this Court, hereinbefore mentioned, and as such liable to be set aside on short ground that orders, dated 16th May, 1978 and 17th February, 1979 of Vth Sind Labour Court, Karachi and respondent No, 1, respectively are of no legal validity.

3. ' The learned Advocate for respondent No, 2 at the outset submitted, that in view of above two reported decisions of Hon'ble Supreme Court and this Court, he has nothing more to say, but requested for time to get instructions from his client respondent No, 2, in view of this latest legal position.

4. Decision of Full Bench of this Court reported in PLD 1982 Kara 33 was approved by the Hon'ble Supreme Court vide its judgment reported in PLD 1982 SC 113 and as such we are bound by these1 two decisions and hold that the orders of respondent No, 1, dated 17th February, 1979 to be of no legal validity and consequently set aside the said order, in which the original order, dated 16th May, 1978 of the Vth Sind Labour Court, Karachi was merged.

5. ' In view of facts and circumstances of the petition we pass no orders as to cost. PLD 1982 Kar. 33 (F. B.)

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