Pakistan Case Lawโ† Search
1975 PLC 20

FAZAL HUSSAIN vs RAWALPINDI ENGINEERING COMPANY Ltd.,

Citation1975 PLC 20
CourtPunjab Labour Court
Case No.Appeal No. 1009 of 1973
Date1973-12-29
Judge(s)Ch. Muhammad Rafiq Tarar
ResultN/A

1. ORDER Fazal Hussain appellant has preferred this appeal against the order dated 22nd October 1973 passed by the Junior Labour Court, Rawalpindi whereby his application under section 25-A of the Industrial Relations Ordinance, 1969 was dismissed. Arguments heard. This appeal must succeed for the simple reason that the objections relating to the jurisdiction and applicability of the Industria Relations Ordinance, 1969 were not decided by the Junior Labour Court. Paragraph No. 3 of the impugned order states that ''without going into the merits of applicability of Industrial Relations Ordinance and jurisdiction, a perusal of the enquiry proceedings together with the admissions of the petitioner himself, clearly shows that there is no irregularity or illegality in the enquiry and the findings thereof". The Junior Labour Court should have decided the question of jurisdiction and applicability of the Statute first of all and if it had come to the conclusion that it had the jurisdiction and the Industrial Relations Ordinance was applicable then it should have proceeded ahead with the case. A perusal of the enquiry proceedings by the Court and it findings that there was no irregularity in the inquiry, without deciding thes questions, was unwarranted. The impugned order is, therefore, set aside an the case is sent back to the Junior Labour Court, Rawalpindi for fresh deci sion in accordance with law as expeditiously as possible. appear before the Junior Labour Court onThe parties are directed to 2nd January 1974. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch