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HUSAIN KARIM versus CRESCENT PAK. INDUSTRIES LTD.


Section O 18 Employee Labor Court Not Providing Notice to Employer Before Jurisdiction of Employees Request, Fact, dismissed by Labor Court and High Court

1976 S C M R 74

Present: Hamoodur Rahman, C. J., Muhammad Yaqub Ali and

Salahuddin Ahmed, JJ

HUSSAIN KARIM‑Petitioner

versus

MESSRS CRESCENT PAK INDUSTRIES LTD. AND ANOTHER --Respondents

Civil Petition for Special Leave to Appeal No. K‑82 of 1974, decided on 24th October 1975.

(On appeal from the judgment and order of the Sind & Baluchistan High Court, Karachi, dated 14‑4‑1975, in Constitution Petition No. 861 of 1974).

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

‑

‑‑‑ S. O. 18‑Employee not giving notice to Employer before invoking jurisdiction of Labour Court‑‑Employee's petition, held, rightly dismissed by Labour Court and High Court.

Saleemsons Ltd. v. 2nd Sind Labour Court P L D 1973 Kar. 1 ref.

Ali Akbar, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 24th October 1975.

ORDER

MUHAMMAD YAQUB ALI, J.

‑On hearing the learned counsel for the ,petitioner, we find no proper ground to grant leave to appeal.

The petitioner admittedly did not give notice to the employer before invoking the jurisdiction of the Labour Court. This was in contravention of the provisions of Standing Order No. 18. The High Court has relied on Saleemsons Ltd. v. 2nd Sind Labour Court (P L D 1973 Kar. 1) and dismissed the writ petition with the observation that "the order passed by the Labour Court in the present case is covered by law and authority." It is not shown that the vie taken by the Labour Court is not covered by law and authority. In the circumstances, the writ petition filed by the petitioner to challenge the order of the Court as without lawful authority was rightly dismissed.

Leave to appeal is refused and the petition dismissed.

Petition dismissed.

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