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1995 PLC 405

SUNBLE ZAREEN KHAN vs M/s. SAUDI ARABIAN AIRLINES, KARACHI through its

Citation1995 PLC 405
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-712 of 1992
Date1995-02-06
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION ' Appellant Sumble Zareen Khan was employed as an Air-Hostess in Saudi Arabian Airlines. She continued in service for about 2 years. She resigned from her job in Saudi Arabia after about 2 years and returned to Pakistan. She then filed a grievance application before the Fifth Sindh Labour Court, Karachi. The respondent Saudi Arabian Air Lines relied on the Notification of the Government of Pakistan exempting the Air Lines from operation of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The learned Labour Court accordingly dismissed the grievance application for want of jurisdiction. Against this order the appellant hat filed this appeal.

2. The learned Advocate for the appellant has argued that although the Standing Orders do not apply to his case on account of the Notification, he relies on the Industrial Relations Ordinance. The substantive provisions of law' are contained in the Standing Orders and the Industrial Relations Ordinance describes the procedure applicable to such cases. If the substantive law does not apply the law of procedure cannot come to the rescue of the appellant. If there is any Service Agreement, the appellant can proceed against Air Lines in any Civil Court of competent jurisdiction but labour laws will not be applicable to her case.

3. The order of the Labour Court is therefore maintained, and the appeal is dismissed.

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