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1987 PLC 873

ASRAR AHMED SAIFIE vs COUNTRY MANAGER, PAKISTAN-- SAUDI AIRLINES And

Citation1987 PLC 873
CourtSindh High Court
Case No.Constitutional Petition No. D-410 of 1987
Date1987-05-14
Judge(s)Muhammad Zahoor-ul-Haq, Abdul Razzaq A. Thaim
ResultPetition dismissed

ORDER

1. MUHAMMAD ZAHOORUL HAQ, J.--The petitioner has challenged the notification issued by the Government of Sind on 26th October, 1986 exempting Saudi Arabian Airlines, Karachi from all the provisions, except section 6 of the W.P. Industrial and Commercial Employment (Standing Orders)

2. Ordinance, 1968. This notification was issued under section 8 of the said Ordinance which reads as under:- "Section 8. Government may, subject to such conditions as it thinks fit to impose by notification in official Gazette, exempt any industrial or commercial establishment or class of such establishments from all or any of the provisions of this Ordinance."

3. The comments of M. Shaft on this provision, contained on page 999 of Labour Code of Pakistan, are that the Provincial Government has unlimited powers of making exemption from all or any of the provision of the Ordinance.

4. The petitioner has not challenged the provision of section 8 of the said Ordinance and therefore a challenge to the notification issued under section 8 is hardly competent.

5. The petitioner was an employee of Saudi Arabia Airlines for 5 years and his services were terminated. If he has any grievance against the termination then he can seek his remedy: from any civil Court in form of suit for compensation or damages. The grievance that the notification deprives the petitioner of his right to obtain relief from the Labour Court is not justified as section 8 which is statutory provision, allows the Provincial Government to make the exemption as done in the present case. There is no Fundamental Right of seeking relief from the Labour Court itself. The petitioners' right of seeking relief from the Civil Court is open to him. Consequently this petition is found to be not maintainable and is hereby dismissed in limine.

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