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1990 PLC (C.S.) 704

MUHAMMAD ZECHARIAH and others vs THE GOVERNMENT OF SINDH through

Citation1990 PLC (C.S.) 704
CourtSindh High Court
Judge(s)Saeeduzzaman Siddiqui, Salahuddin Mirza
ResultPetition dismissed as withdrawn.

SAEEDUZZAMAN 'SIDDIQUI, J.--The petitioners were the employees of Respondent No, 2 and it is admitted before us that at the relevant time when the services of the petitioners were terminated on 1-3-1984 a Notification issued under section 3 of the Essential Services Act, 1952, was applicable to Respondent No,

1. On 6-3-1984 the petitioners made a complaint to the Deputy Commissioner concerned who was appointed as the authorised officer under section 7 of the Act but the application was dismissed on 21-10-1984. A second application was moved by the petitioners to the Deputy Commissioner concerned on 11-3-1985 which was dismissed on 28-7-1985. The petitioners have challenged both the orders dated 21-10-1984 and 28-7-1985 respectively passed on their First and Second Petitions by the Deputy Commissioner in the above petition. At the hearing of the petition Mr. Syed Sami Ahmed, learned counsel for the petitioners, contended before us that at the time the above petition was filed in this Court in accordance with the view expressed in the case of Karachi Electric Supply Corporation Ltd. v. N.I.R.C. PLD 1982 SC 125 all the Courts in Pakistan "took the view" that the only remedy to an aggrieved workman of an establishment to which section 3 of the Essential Services Act, 1952, applied, was by way of filing a complaint before authorised officer under section 7 of the Act. However, this view has been revised and the law as now declared by the Supreme Court in the case of Pakistan Television Corporation v. M. Babar Zaman 1989 SC M R 1549, is that besides the remedy available under section 7 of the Essential Services Act, 1952, an aggrieved workman of such an establishment can also now approach the Labour Court concerned under the A Industrial Relations Ordinance for redress. Learned counsel, accordingly, made a request that he may be permitted to withdraw this petition with liberty to the petitioners to invoke the jurisdiction of the concerned authorities under the I.R.O. to seek redress of their grievances. The request made by the learned counsel appears to be reasonable and we accordingly accept the same. The petition is accordingly dismissed as withdrawn with no orders as to costs with liberty to the petitioners to approach the concerned Labour Court for redress if still available to them under the law.

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