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1992 PLC 1175

KARACHI PORT TRUST vs ABDUL KARIM

Citation1992 PLC 1175
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-43 of 1990
Date1990-08-28
Judge(s)Ahmed Ali U. Qureshi
ResultAppeal dismissed

DECISION ' This is an appeal against the order dated 17-12-1989, passed by the learned Presiding Officer, First Sindh Labour Court at Karachi, whereby the grievance petition of the respondent was allowed and he was ordered to be reinstated in service without back benefits.

2. I have heard Mr. Iqbal Akhtar, learned Advocate for the appellants and Mr. Gohar Iqbal, learned counsel for the respondent and have also gone through the record and proceedings of the case.

3. Mr. Gohar Iqbal has raised preliminary objection to the effect that appeal has not been presented by the aggrieved person. This Tribunal in Appeals Nos, SUK-265 of 1989 and SUK-266 of 1989 and the cases reported in 1989 PLC 175, 1989 PLC 176 and 1989 PLC 262 have held that appeal which has not been presented by the aggrieved party but is presented by the Advocate or agent is not maintainable. In the case of Nadeem Iqbal Khan v. Fuji Colour Pakistan Laboratory and others 1988 SCM R 1089 the Hon'ble Supreme Court of Pakistan upheld the order of the learned Labour Appellate Tribunal dismissing the appeal of the respondent on the ground that it was not presented by duly authorised person.

4. This appeal was presented by Mr. Iqbal Akhtar, learned Advocate for the appellant and was signed by the Secretary, Karachi Port Trust. Mr. Iqbal Akhtar under his power is authorised only to appear, act, plead, compromise and to receive payments on behalf of the appellants. He is not specifically authorised to present the appeal.

5. Under the circumstances, the appeal is not maintainable and is dismissed accordingly.

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